Law applicable to Torts/Delicts, implications on Austrian, German Law and Rome II Regulation

Abstract

The objective of this thesis aims to illustrate the binding effects of the Rome II Regulation to all European Union Members, including Austria and Germany. The Rome II Regulation intends to harmonize conflict of law rules on non-contractual obligations, tort/delict. According to Rome II Regulation, the law of the place where the damage occurred (lex loci damni), became the fundamental principle for tort/delict, while conflict of law rules have been set up for specific performances of tort/delict in the area of intellectual property rights, environmental damage, industrial action and unfair competition. Therefore Austrian and German law should response the new obligations under this Regulation. This thesis aims to present the implications of new conflict of law rules on non-contractual obligations towards the domestic laws of both countries. The outcome of this thesis-findings would be used as example for Thailand in improving her own conflict of law rule in the future.