party autonomy and parties freedom in choosing the governing law to non-contractual liabilities, when this litigation has accompanied with international elements , is one of the innovations european law during approval the rome ii regulationwhich facilitates the simultaneous and balanced access to certainty and flexibility as two conflicting interests , and is accordance withmost recent theorie...

Introduction The formal legal rules governing tortious behaviors in post-Mao China can be traced back to the General Principles of the Civil Law (Minfa Tongze, hereinafter as “General Principles”) promulgated in 1986. Since then, tort disputes have become a main type of cases litigated in courts. In 2007, the number of tort cases accepted by Chinese courts totaled to about 863,000, and in 2008,...

In his landmark 1961 article, Some Thoughts on Risk Distribution and the Law of Torts, Judge Calabresi provides a theoretical framework for analyzing tort liability as a risk-spreading device that functions in a manner similar to insurance. In our article, we examine the insurance objective of tort liability from the standpoint of modern tort law. Since Calabresi’s foundational article, there h...

“obligation”, “dette” and “droit personnel” are three important and correlative legal terms in civil law that have been introduce into persian legal literature with improper translation. the failure to distinguish them from common terms in islamic jurisprudence like “dein” and “eltezam” have caused conceptual confusion between special terms of two great legal systems: civil law and islamic law....

Background: Responsibility is a moral component. Liability usually arises from liability, according to which the person is legally liable for the damage he or she has caused to another. One of the most important parts of civil law is civil liability, and since the main purpose of civil liability rules is to compensate for material and moral damages and to repair the damage, the government is no...