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Party Autonomy Principle and Its Limitations in Rome II Regulation



Druh Článek ve sborníku
Konference The Role and Place of Law in a Society Based on Knowledge
Fakulta / Pracoviště MU

Právnická fakulta

Obor Právní vědy
Klíčová slova Rome II; party autonomy; non-contractual obligation; limitations;
Popis The principle of party autonomy without any doubt belongs between the fundamental canons of private law. It holds its position in private international law also and is realized in this field of law in several forms. On the conflict rule level parties are entitled to choose to law applicable to their matter of fact. For centuries the capacity to choose the law has been restricted to a specified amount of legal relations which have been contractual obligations. Last decades can be characterised by accentuation of the party autonomy principle and incursion of this canon to the spheres for which it never has been typical, eg. non-contractual obligation. This contribution is concerned in the new European conflict rule legislation, regulation n. 864/2007 on the law applicable to non-contractual obligation (Rome II) which newly uses party autonomy as one of the preferred conflict rules. With respect to the novelty of this rule in the field of tort law the party autonomy is widely limited.
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