Las normas de seguridad y comportamiento en el Reglamento Roma II sobre ley aplicable a las obligaciones no contractuales

Abstract

This work analyzes the art. 17 of the Rome II Regulation on the law applicable to non-contractual obligations, which disposes, when assessing the conduct of the person claimed to be liable, to take account of the rules of safety and conduct which were in force at the place and time of the event giving rise to the liability. It analyzes, on one hand, what kind of rules are referred to in this provision, as well as the operating conditions of art. 17 Rome II within the context of the Rome II Regulation; on the other, the problems generated by its implementation, given that the EU legislator does not establish its application, but only taking into consideration of these rules, and that, as a matter of fact and as far as is appropriate.