نوع مقاله : مقاله علمی - پژوهشی
عنوان مقاله English
نویسندگان English
Vicarious liabilities and obligations arising from ownership or protection of property are included in the category of "Extra-Contractual obligations" in conflict of laws and ascertaining the applicable law on these special obligations is necessary.
In view of the acceptance by most jurists of the general choice of law rule of the lex loci delicti commissi to this "connecting factor", in most cases where the place of the occurrence of the alleged act is the determining factor for ascertaining the conflict rule on vicarious liabilities and obligations arising from possession of property, the application of the lex loci rule to this legal institution is acceptable, but in some cases where other connecting factors have the most significant connection to the incident and to the parties, it is necessary for the court to determine another proper law to prevent troubles resulting from exclusive application of the traditional doctrine and from the difficulty of ascertaining the place of the occurrence of the tort. So, the doctrine of "the proper law of the tort" has been reflected in the Hague Conventions on the applicable law to traffic accidents and products liability.
کلیدواژهها English
