Deliktinė atsakomybė tarptautinėje privatinėje teisėje

Abstract

The present paper “Tortious liability in private international law” gives the conception of tortious liability in private international law. Also it briefly analyses the main grounds of tortious liability, which are: subjects, wrongful act, damages, causality between wrongful act and damages, fault. Tortious liability in private international law is an obligation which originates from non-contractual relations and has foreign element. “Foreign element” means simply a contact with some system of law other than that of the “forum”, that is the country whose courts are seised of the case. “Foreign element” causes two questions: first, has court jurisdiction to determine the case, and second, if so, what law will it apply? So, the paper discuses the main principles of jurisdiction in tortious cases with foreign element under international conventions, also it analyses jurisdiction rules used in European Union in the field of tortious obligations with foreign element. Furthermore, the paper presents the system of jurisdiction rules used in Lithuania Republic in the field of tortious obligations with foreign element and shows some problems of it. The last part of the paper discuses the main choice of law rule for tort cases involving a foreign law element, shows it’s problematic and disputes the need of unification of choice of law rules for tort cases with foreign element and showes it’s novadays tendencies.