Original scientific paper
https://doi.org/10.3935/zpfz.69.56.06
The Hague Convention of 1971 on the Law Applicable to Traffic Accidents – Selected Issues
Vilim Bouček
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
The Republic of Croatia, together with other twelve EU Member States, is a party to the 1971 Hague Traffic Accident Convention. Created in the late 1960s this Convention lays down a rather complicated system of applicable law based on lex loci delicti as a general rule, followed by lex stabuli and other exceptions as lex loci connexitatis.
Although the Rome II Regulation of 2007 set itself the same aim and could have the same or similar Private International Law tools at its disposal, neither the Hague Traffic Accident Convention nor the Rome II Regulation has created a system of law for the EU applicable to non-contractual obligations which does not depend on the state where the claim is brought.
Bearing in mind the paramount principles, such as legal certainty, and proclaimed aims, such as predictability of the outcome of litigation, which the EU has set itself as a goal in maintaining and developing the area of freedom, security and justice, in the (near?) future of EU legislation we expect a new legal instrument, perhaps in the form of a European agreement on the law applicable to traffic accidents, which will reduce or even prevent the possibility of forum, i.e. lex shopping available under current regulation.
Keywords
Hague Convention on the law applicable to traffic accidents of 1971; lex loci delicti commissi; lex stabuli; lex connexitatis; direct action; forum shopping; Rome II Regulation of 2007
Hrčak ID:
233804
URI
Publication date:
31.1.2020.
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