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

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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. / Dornis, Tim W.
in: Journal of Private International Law , Jahrgang 4, Nr. 2, 01.08.2008, S. 237-277.

Publikation: Beiträge in ZeitschriftenZeitschriftenaufsätzeForschungbegutachtet

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@article{03fff920a4b7440daa6ea239242a3e38,
title = "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",
abstract = "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. ",
keywords = "Law",
author = "Dornis, {Tim W.}",
year = "2008",
month = aug,
day = "1",
doi = "10.1080/17536235.2008.11424340",
language = "English",
volume = "4",
pages = "237--277",
journal = "Journal of Private International Law ",
issn = "1744-1048",
publisher = "Routledge Taylor & Francis Group",
number = "2",

}

RIS

TY - JOUR

T1 - Contribution and Indemnification Among Joint Torteasors in Multi-State Conflict Cases

T2 - A Study of Doctrine and the Current law in the us and Under the Rome ii Regulation

AU - Dornis, Tim W.

PY - 2008/8/1

Y1 - 2008/8/1

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 - Journal articles

VL - 4

SP - 237

EP - 277

JO - Journal of Private International Law

JF - Journal of Private International Law

SN - 1744-1048

IS - 2

ER -

DOI