THE GENERAL RULE ON CHOICE OF LAW FOR NON-CONTRACTUAL OBLIGATIONS IN LEGISLATION OF EUROPEAN UNION AND BOSNIA AND HERZEGOVINA
The project of unification of private international law on the level of European Union encompassed bringing of unique choice of law rules, among others, in the area of non-contractual obligations with international element. A communitarian legislator chose a set of flexible choice of law rules tha...
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| Format: | Article |
| Language: | English |
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Institute for Human Rehabilitation
2014-01-01
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| Series: | Human Research in Rehabilitation |
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| Online Access: | https://human.ba/wpdm-package/full-text-64/?wpdmdl=725 |
| Summary: | The project of unification of private international law on the level of European Union encompassed bringing of unique
choice of law rules, among others, in the area of non-contractual obligations with international element. A communitarian
legislator chose a set of flexible choice of law rules that enable satisfaction of the principle of legal certainty together
with the establishment of a balance between persons claiming to be liable and sustaining damage. PIL Act that is being
enforced in Bosnia and Herzegovina in relation to the subject of this paper alternatively determines the law applicable
to non-contractual obligations, according to the law of the place where the harmful act was done or the law of where
the consequence occurred, depending on which of these two laws is more favorable to the person sustaining damage.
The author of this paper points out the evident discrepancy in the general rules of determination in EU legislation and
Bosnia and Herzegovina, and the need to harmonize legislation in this field with the acquis communautaire, arising from
the Stabilization and Association Agreement |
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| ISSN: | 2232-9935 2232-996X |