Haška konvencija o merodavnom pravu za drumske saobraćajne nezgode i uredba Rim II

Abstract

The Hague Convention on the Law Applicable to Traffic Accidents (hereinafter: the Convention) contains harmonised rules regarding the law applicable to non-contractual liability for damage arising from traffic accidents. According to the Convention, a traffic accident is an accident which involves one or more vehicles, and is connected with traffic on a public high­way, in grounds open to the public or in private grounds to which certain persons have a right of access. The rule is adapted to the specifics of road transport, objectified according to certain facts in the particular case. The Convention introduces something new into the existing system of conflict of laws resolution based on relevant facts i.e. the application of the law of the place of vehicle registration when there is only one vehicle involved, in the accident which is registered in the country which is not the place of the accident, or when there are more vehicles involved in the accident which are registered in the same country which is not the country of the accident. The basic aim of the Convention was to facilitate the compensation of damage by means of automobile liability insurance and improvement of the position of the injured parties. In relation to determining the law applicable to non-contractual liabilities, the EU enacted the Regulation Rome II which does not provide solutions for road traffic accidents but general standards of the Regulation (article 4) are applied in such cases.