Intelligente juristische Informationen
 Deutschland | 1-929-605-4013

SECTION XI - Delicts And Other Non-Contractual Obligations

Document Cited in Related
AuthorE. J. Cohn
ProfessionSir
Pages20

  1. It is a rule of customary law that the law applicable to delicts is the lex loci commissi. If the delict has been committed at more than one place the plaintiff can rely on any of the different laws that are applicable.

    EXAMPLE: A struck B down in a German train leaving Aix-la-Chapelle, rendering him unconscious. After the train had crossed the Belgian frontier into Belgium A threw B's body out of the carriage. B can bring claims against A both under German and under Belgian law, whichever law may ibe more favourable to him, Martin Wolff, Internationales Privatrecht (2nd ed., 1949), p. 140.

    If the delict was committed in a place outside the boundaries of a state, the lex patriae of the person commiting the delict governs the case. Delicts committed on board of a ship are governed by the law of the ship's flag.

  2. Lex loci commissi is according to the view adopted by the German Reichsgericht the place where the delictual activity has wholly or...

Um weiterzulesen

FORDERN SIE IHR PROBEABO AN
Navigationsindex

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT