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Conrado
On-line version ISSN 1990-8644
Abstract
KOVALENKO, Natalia E.; KOVALENKO, Kseniya E. and LEON GONZALEZ, Jorge Luis. Responsibility and liabilities in consequence of harm in Private International Law. Conrado [online]. 2019, vol.15, n.70, pp. 398-403. Epub Dec 02, 2019. ISSN 1990-8644.
For many years there was a traditional conflict-binding - the country's right of place of causing harm. At the same time, with the complication of relations in society, new offenses arose, to which it is now difficult to apply traditional binding. Modern trends in literature are called alternative: the victim can choose the law of the place of occurrence of harm or the law of the place where the offense was committed. In this article, we have analyzed the modern approach, which consists in the consistent rejection of the territorial linkage of the element of a tort legal relationship, since these circumstances may be undefined for finding the legal space to which the entire relationship is tied. The article analyzes judicial practice, identifies the problems of choice, the law applies t relations in the field of harm.
Keywords : Law; harm; offense; private international law; tort.