Details
| Original language | English |
|---|---|
| Pages (from-to) | 237-277 |
| Number of pages | 41 |
| Journal | Journal of Private International Law |
| Volume | 4 |
| Issue number | 2 |
| Publication status | Published - Aug 2008 |
| Externally published | Yes |
Abstract
Keywords
- Law
ASJC Scopus subject areas
- Social Sciences(all)
- Political Science and International Relations
- Social Sciences(all)
- Law
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In: Journal of Private International Law, Vol. 4, No. 2, 08.2008, p. 237-277.
Research output: Contribution to journal › Article › Research › peer review
}
TY - JOUR
T1 - Contribution and Indemnification among Joint Tortfeasors in Multi-State Conflicts
T2 - A Study of Doctrine, Interests, and the Current Law under the Rome-II-Regulation
AU - Dornis, Tim W.
PY - 2008/8
Y1 - 2008/8
N2 - In both European and US private international law the issue of joint tortfeasors' contribution or indemnification in multi-state conflict cases has been discussed vividly. However, neither European nor US case law and literature have been able to provide a comprehensive answer to the question which law should apply to joint tortfeasor contribution or indemnification issues. With the implementation of the Rome II Regulation, a unified private international law for non-contractual obligations in Europe has been established. In Art 20, the Regulation contains a seemingly clear-cut and simple rule. The provision, however, seems to be ill-conceived. The topic has been scarcely discussed during the law-making process. A literal construction and application of the rule may not provide a balanced choice-of-law determination. This article is supposed to give an overview of the European and US discussion on contribution and indemnification in multi-state conflict cases. It will explain the new provision in Art 20 Rome II, and analyse the underlying tort law purposes and party expectations that are relevant for the choice-of-law determination
AB - In both European and US private international law the issue of joint tortfeasors' contribution or indemnification in multi-state conflict cases has been discussed vividly. However, neither European nor US case law and literature have been able to provide a comprehensive answer to the question which law should apply to joint tortfeasor contribution or indemnification issues. With the implementation of the Rome II Regulation, a unified private international law for non-contractual obligations in Europe has been established. In Art 20, the Regulation contains a seemingly clear-cut and simple rule. The provision, however, seems to be ill-conceived. The topic has been scarcely discussed during the law-making process. A literal construction and application of the rule may not provide a balanced choice-of-law determination. This article is supposed to give an overview of the European and US discussion on contribution and indemnification in multi-state conflict cases. It will explain the new provision in Art 20 Rome II, and analyse the underlying tort law purposes and party expectations that are relevant for the choice-of-law determination
KW - Law
UR - http://www.scopus.com/inward/record.url?scp=85057865669&partnerID=8YFLogxK
U2 - 10.1080/17536235.2008.11424340
DO - 10.1080/17536235.2008.11424340
M3 - Article
AN - SCOPUS:85057865669
VL - 4
SP - 237
EP - 277
JO - Journal of Private International Law
JF - Journal of Private International Law
SN - 1744-1048
IS - 2
ER -