PROBLEM OF THE DETERMINATION OF THE APPLICABLE LAW BY THE LEX LOCI DELICTI COMMISSI

Abstract

Lex loci delicti commissi as the rule of determining the applicable law in non-contractual relations with a foreign element causing the problems, which are primarily associated with different interpretations of this rule. In determining the applicable law by lex loci delicti commissi, we can make the difference between the law of the place of the harmful action and the law of the place of the harmful consequences. Both of the places are an integral parts of the abovementioned rule. About it, the problem may arise in determining of the unlawfulness of the delict, ie, applying for compensation of the damage, by one of the abovementioned two laws. In addition, there are different types of delicts, and, because of their nature, we must apply different rules, but not the lex loci delicti commissi. A number of issues arise in applying this rule, from the possibility of applying the theory of the most close connection in this area, over the possibility of defning specific rules (points of attachment) for certain delicts, and the application of the autonomy of the will. The paper looks at solutions in domestic and comparative legislation, and the Regulation of the European Parliament and Council of the European Union on the applicable law for non-treaty obligations (Rome II) No. 864/2007, which regulates this area, we can say, on a more detailed way. Similarly, the paper analyzes the shortcomings of some particular application of general rules in this area.