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@inproceedings{847651,
author = {Valdhans, Jiří},
address = {Târgu-Jiu},
booktitle = {The Role and Place of Law in a Society Based on Knowledge},
edition = {2009},
keywords = {Rome II; party autonomy; non-contractual obligation; limitations;},
language = {eng},
location = {Târgu-Jiu},
isbn = {978-973-144-283-9},
pages = {521-526},
publisher = {“ACADEMICA BRÂNCUSI” Publisher},
title = {Party Autonomy Principle and Its Limitations in Rome II Regulation},
year = {2009}
}
TY - JOUR
ID - 847651
AU - Valdhans, Jiří
PY - 2009
TI - Party Autonomy Principle and Its Limitations in Rome II Regulation
PB - “ACADEMICA BRÂNCUSI” Publisher
CY - Târgu-Jiu
SN - 9789731442839
KW - Rome II
KW - party autonomy
KW - non-contractual obligation
KW - limitations;
N2 - 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.
ER -
VALDHANS, Jiří. Party Autonomy Principle and Its Limitations in Rome II Regulation. In \textit{The Role and Place of Law in a Society Based on Knowledge}. 2009th ed. T\^argu-Jiu: “ACADEMICA BR\^ANCUSI” Publisher, 2009, p.~521-526. ISBN~978-973-144-283-9.
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