Acta Universitatis Danubius. Juridica, Vol 14, No 1 (2018)

Abstract

The purpose of this paper is to provide readers and third persons with general knowledge on the notion of non-contractual liability, in what aspects non-contractual liability it is distinguished from contractual and criminal liability, in what aspects non-contractual liability it is similar compared to contractual liability, which law is applicable to regulate non-contractual obligations, what rules apply to set out the competent court to issue decisions on cases where the subject-matter is non-contractual obligation etc. Special and exclusive focus has been given to clarify the principle of autonomy of the will of the parties and the principle "Lex loci delicti comissi", all based on Regulation no. 864/2007 of the European Union of 11th July 2007, on the law applicable to non-contractual obligations, otherwise known as "EU Rome II".