The Determination of Applicable Law to Torts based on “the Law which is more closely connected”
Legislations stipulate that the law applicable to torts is lex loci delicti commissi, i.e., the law of the place where the tort is committed. In the case that the law of the event leading to damage differs from the law of damage, then lex loci damni, or, the law of the place where damage occurred, i...
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| Language: | English |
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Istanbul University Press
2021-12-01
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| Series: | Public and Private International Law Bulletin |
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| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/22565E3335A244F9B09C54CD066A50E0 |
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| author | Sibel Özel |
| author_facet | Sibel Özel |
| author_sort | Sibel Özel |
| collection | DOAJ |
| description | Legislations stipulate that the law applicable to torts is lex loci delicti commissi, i.e., the law of the place where the tort is committed. In the case that the law of the event leading to damage differs from the law of damage, then lex loci damni, or, the law of the place where damage occurred, is preferable. The application of the law of damage requires the definition and localization of damage. This article proposes a definition of damage and determines to which place damage occurs in terms of applicable laws to claims as a result of torts. Where the lex loci damni is remote or fortuitous, then this rule is displaced by the law more closely connected to the issue. Determining the law most closely connected to the issue should be based on a review of all factors that constitute the tort claim or the law applicable to the underlying relationship between parties connected to the tort. |
| format | Article |
| id | doaj-art-1f60dc0992c04d7a987e4d7644e142b3 |
| institution | OA Journals |
| issn | 2667-4114 |
| language | English |
| publishDate | 2021-12-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | Public and Private International Law Bulletin |
| spelling | doaj-art-1f60dc0992c04d7a987e4d7644e142b32025-08-20T02:15:59ZengIstanbul University PressPublic and Private International Law Bulletin2667-41142021-12-0141248351510.26650/ppil.2021.41.2.939398123456The Determination of Applicable Law to Torts based on “the Law which is more closely connected”Sibel Özel0https://orcid.org/0000-0003-4027-6258Marmara Üniversitesi, İstanbul, TürkiyeLegislations stipulate that the law applicable to torts is lex loci delicti commissi, i.e., the law of the place where the tort is committed. In the case that the law of the event leading to damage differs from the law of damage, then lex loci damni, or, the law of the place where damage occurred, is preferable. The application of the law of damage requires the definition and localization of damage. This article proposes a definition of damage and determines to which place damage occurs in terms of applicable laws to claims as a result of torts. Where the lex loci damni is remote or fortuitous, then this rule is displaced by the law more closely connected to the issue. Determining the law most closely connected to the issue should be based on a review of all factors that constitute the tort claim or the law applicable to the underlying relationship between parties connected to the tort.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/22565E3335A244F9B09C54CD066A50E0tortapplicable lawlex loci damniplace of damagelaw most closely connected |
| spellingShingle | Sibel Özel The Determination of Applicable Law to Torts based on “the Law which is more closely connected” Public and Private International Law Bulletin tort applicable law lex loci damni place of damage law most closely connected |
| title | The Determination of Applicable Law to Torts based on “the Law which is more closely connected” |
| title_full | The Determination of Applicable Law to Torts based on “the Law which is more closely connected” |
| title_fullStr | The Determination of Applicable Law to Torts based on “the Law which is more closely connected” |
| title_full_unstemmed | The Determination of Applicable Law to Torts based on “the Law which is more closely connected” |
| title_short | The Determination of Applicable Law to Torts based on “the Law which is more closely connected” |
| title_sort | determination of applicable law to torts based on the law which is more closely connected |
| topic | tort applicable law lex loci damni place of damage law most closely connected |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/22565E3335A244F9B09C54CD066A50E0 |
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