Contribution and Indemnification Among Joint Torteasors in Multi-State Conflict Cases: A Study of Doctrine and the Current law in the us and Under the Rome ii Regulation

Publikation: Beiträge in ZeitschriftenZeitschriftenaufsätzeForschungbegutachtet

Authors

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.
OriginalspracheEnglisch
ZeitschriftJournal of Private International Law
Jahrgang4
Ausgabenummer2
Seiten (von - bis)237-277
Anzahl der Seiten41
ISSN1744-1048
DOIs
PublikationsstatusErschienen - 01.08.2008
Extern publiziertJa

DOI