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 Zeitschriften › Zeitschriftenaufsätze › Forschung › begutachtet
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in: Journal of Private International Law , Jahrgang 4, Nr. 2, 01.08.2008, S. 237-277.
Publikation: Beiträge in Zeitschriften › Zeitschriftenaufsätze › Forschung › begutachtet
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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 -