Lex Loci Damni Infecti – Applicability to Non-contractual Obligations in Cyberspace in the Jurisprudence of French Courts

Lenka Karbanová

Abstract

Regulation n° 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) introduces as a general conflict-of-laws rule the lex loci damni infecti rule. The applicability of this rule to the non-contractual obligations introduces new challenges for non-contractual obligations arising out of internet based relations. Possible problems and solutions may be demonstrated on the decision making practice of the French courts as the French legal system had contained the lex loci damni infecti rule before the introduction of the Rome II Regulation and thus the French judge has been applying this rule to internet non-contractual obligations for longer time and has richer experience in this field.

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