General rule regarding the law applicable to tortious acts in private international law
2020
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Advisor: Doç. Dr. Mesut Aygün
Abstract (EN)
In the study, the general rule regarding the law applicable to tort disputes with foreign elements will be examined. The review was covered in three main sections: In the first section, the American Law approach in tortious acts was discussed. One of the most important sources of debt in American law is tort. The methodological developments of tortious acts, Restatement I and Restatement II practices, and objective binding points and the most closely related legal rules in the decisions of the American Courts were examined in detail. In addition, new approaches in American Law, regulations and opinions about Restatement III were discussed. The latest developments regarding the choice of law, which is now discussed in every field of law, and the right of party wills to determine the debt relationship were stated. In the second section, developments regarding the law applicable to tort in European Union law were given. In this section, developments within the scope of the Rome II Regulation regarding the law applicable to non-contractual debt relations were examined. The decisions of the Court of Justice of the European Union were also mentioned in this section. Particularly, the exit process from the European Union of Great Britain and the possible effects of this process were emphasized, and opinions were expressed on its effects on the Union. Finally, in the last section, the law applicable to foreign tortious acts in Turkish law were examined. The law applicable to tortious acts regulated both in Article 25 of MÖHUK numbered 2675 and Article 34 of MÖHUK numbered 5718, which entered into force in 2007 were discussed methodologically. Developments, doctrinal views, objective binding rules and points that took place during the period of the Law in force were discussed. Again, in this section, our opinions and thoughts on subjective binding rules were given. The Supreme Court decisions during the period in which the law was implemented were also examined. The evaluations resulting from our study were included in the conclusion section.
Author
Dr. Ali Önal
How to Cite
Ali Önal (Doctorate thesis). General rule regarding the law applicable to tortious acts in private international law, 2020, Anadolu University.
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