The Rome II Regulation in Italian and Other National Courts
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[1] University of Milan
University of Milan
Milán, Italia
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- Localización: Rivista di diritto internazionale privato e processuale, ISSN 0035-6174, Vol. 53, Nº. 4, 2017, págs. 883-907
- Idioma: inglés
- Texto completo no disponible (Saber más ...)
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Resumen
Regulation (EC) No 864/2007 ("Rome II") provides for EUwide, uniform conflict of laws rules for the determination of the applicable law in non-contractual matters. Even though the Italian case law applying the Rome II Regulation is stili scarce, the judgments issued so-far in Italy and in a few other Member States already serve as adequate parameters for assessing the effectiveness of said legal instrument. Beside the well-known issues generated by the rules on the tempora! scope of application, several additional aspects are worth investigating. The conflict of laws rule in tort matters generates issues in case of cross-border road traffic accidents, while the determination of the law applicable to the recovery of undue payments is not always carried out by applying the correct rules. Moreover, more general issues arose and regard freedom ofchoice, the acquisition and interpretation of foreign law, the interaction of the Rome II Regulation with pre-existing international conventions.
