Study On The Rome Ⅱ Regulation On The Law Applicable To Non-contractual Obligations

Rome Ⅱ Regulation on the Law Applicable to Non-Contractual Obligations is a lawwhich has direct effect in EU member states; it unifies the conflict rules of the EUcountries’ Non-Contractual obligations. On the basis of two legal systems and Europeancomparative law, Rome Ⅱ covers the conflict rules of tort, unjust enrichment, negotiorumgestio and culpa in contrahendo. It not only represents the latest development of this areain European countries, but also has a profound effect on unification of the internationalprivate law in the world. The Choice of Law for Foreign-related Civil Relationships putinto effect on April1,2011in China. The new law has changed the form of the distributedlegislation and has complied with the development trend of the contemporary internationalprivate law. However, some areas needed to be improved.In this thesis, the application of the law of non-contractual obligation will bediscussed. An overview of Rome Ⅱ will be provided in chapter1, including the legislativebackground, legislative process, object, basic framework and legal status. Chapter2is thekey part of this thesis. It is an in-depth study on the applicable rules to non-contractualobligations in Rome Ⅱ.The relevant provisions in China is analyzed in chapter3. Inaddition, some legislative proposals are tabled.