W odpowiedzi na ankietę skierowaną do państw członkowskich Unii, dotyczącą stosowania Rozporządzenia nr 864/2007 o prawie właściwym dla zobowiązań pozaumownych (Rzym II)

Abstract

Rome II Regulation of 11 July 2007 contains the conflict of laws rules relating to the non‑contractual obligations such as torts, unjust enrichment, negotiorum gestio, culpa in contrahendo and product liability. Recently, the Commission has commenced consultations regarding the practical application of these rules, in relation to its obligation to submit a report pursuant to Article 30 of the Regulation. The Commission seeks the view of the Member States in order to consider modification and suggestions for future. The present work constitutes a response to the Commission’s Questionnaire prepared jointly by a group of authors under a lead of professor Maksymilian Pazdan. The response constituted the basis for the reply given by Polish Codification Committee on behalf of the Polish government. There were some general and several specific questions posed by the Commission in the Questionnaire. They are dealt with in the response. Some of the most important suggestions are summarized below. The Polish doctrine generally approves of the Regulation and the rules provided therein. Nevertheless, there are certain solutions that could be improved and gaps that could be filled out. The following recommendations are made in the response: First, a time has come to create not only specific (as it is the case so far) but also general uniform rules of private international law at the European level. Second, the rules contained in Regulation Rome II should apply to matters covered by the 1971 Hague Traffic Accidents Convention. Third, the conflict rules with respect to the violation of privacy and rights relating to personality should be added to Rome II, since this constitutes a considerable gap in the European regime.