Acceso usuarios
Landkreis Lüneburg, Alemania
Local-data doctrine comes into play if the applicable law in interntional torts is not the law of the place where the tortfeasor acted. Under the Swiss PIL, article 142 para. 2 provides for consideration of local rules of safety and conduct. Even though this approach offers workable results for a number of cases, many doctrinal questions have remained unanswered until today. As a closer look unveils, the theory of local data lies at the heart of a debate that particularly confronts European choice of law in the Savignian tradition - the discussion on the interrelation between substantive justice and conflicts justice.
