There are some modifications and limits to the applicable laws above.\u00a0 They are based on public policy considerations.<\/p>\n
Nothing in the Regulation restricts the application of mandatory provisions of the law of the forum, irrespective of the law otherwise applicable to a non-contractual obligation.\u00a0 These are mandatory rules of the jurisdiction of the court hearing the case.\u00a0 The concept is similar to that applicable in relation to contract law.<\/p>\n
An application of law provided under the regulation may be refused only if its application would be manifestly incompatible with the public policy of the forum.\u00a0 These are fundamental matters of law which cannot be derogated from by agreement.<\/p>\n
This may apply, for example, when the foreign law defeats basic human rights protection, consumer protection, and employee protection rules in the former state.\u00a0 Certain matters allowed under the laws of other jurisdictions may be incompatible with the values of a Western democracy.<\/p>\n
In assessing the conduct of a person who is sought to be made liable, account must be taken as a matter of fact and insofar as appropriate of the rules on safety and conduct which were in force at the place and time where and when the event giving rise to the liability occurred.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Choice In Principle Permitted Parties may submit non-contractual obligations to the law of their choice. That is, they may usually choose which law to apply. This also applies to non-contractual obligations other than those arising from unfair competition or the infringement of intellectual property rights. Conditions are applied in order to protect consumers and weaker […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[153],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10170"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=10170"}],"version-history":[{"count":7,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10170\/revisions"}],"predecessor-version":[{"id":32416,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10170\/revisions\/32416"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=10170"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=10170"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=10170"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}