AL-Qadisiya Journal For Law and Political Sciences

القانون الواجب التطبيق على حوادث المرور العابرة للحدود وفقاً للاتفاقيات الدولية

https://doi.org/10.63677/jqlap.2022.180155
Volume 13, Issue 2
Summer 2022
Pages 327-346
AL-Qadisiya Journal For Law and Political Sciences

Authors

أ. د نظام جبار طالب
أسعد فاهم گطران

AL-Qadisiya Journal

Abstract
The legal framework applicable to cross-border traffic accidents in the European Union includes the choice of law rules of the Rome II Regulation, the Motor Insurance Directives and the Hague Convention on the Law Applicable to Traffic Accidents. The Motor Insurance Directives focus exclusively on insurance coverage for losses resulting from accidents caused by operating vehicles. In the European Union, while the Rome II Convention and the Hague Convention address the factors that must be taken into account in order to determine how to deal with issues arising from cross-border incidents.After conducting a comparison and analysis between the Rome II Regulation, the motor insurance directives and the Hague Convention, it became clear to us that the second Rome represents the best system in choosing the law as it is a new and contemporary approach, and that the Hague Convention is the legal work most in need of reform, especially when it comes to formulating the general rule



 

Keywords

Cross-border traffic accidents
tort
List of Rome II
The Hague Convention on Road Accidents
Auto Insurance Guide Rules
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  • Receive Date 16 August 2023

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