欧洲国际私法下的损害赔偿责任:融入欧盟进程中的阿尔巴尼亚和解框架

E. Çela, R. Çela, Endi Kalemaj
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引用次数: 0

摘要

本文将从欧洲国际私法的角度探讨损害赔偿责任问题。我们将处理造成损害的历史部分,我们将主要关注国家立法的规定和国际立法已经处理了什么!本文将从罗马法规II的角度来论述责任,一些特殊的义务关系,重点讨论该法规处理的一些具体损害赔偿,以及相应法律的适用范围!将讨论《罗马II条例》与阿尔巴尼亚国内立法的一致性。首先,我们将处理论文的历史部分,它是如何处理的,在佐格的时间,直到今天,然后我们将继续处理当前和国际立法,带来比较部分和国内立法的创新,并将得出一些结论,应该在立法者的注意,为未来。当人类行为造成损害时,民事法律关系就产生了。造成这种法律关系的损害者必须承担责任,这需要经过某些阶段,确定已经发生的损害是什么,必须满足的条件,对事实的计算,当事人的合法性等。损害的原因分为合同损害和非合同损害两大类。规定合同和非合同损害赔偿的那部分法律承认,个人有权因违反合同或采取任何非法行动而可能对其造成的损害得到赔偿。这两种损害之间的另一个共同点是可以免除责任的原因,可以是不可抗力、极端必要。收稿日期:2022年5月05日/收稿日期:2023年5月16日/发表日期:2023年5月20日
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Liability for Causing Damage under European Private International Law: Albanian Rapprochement Framework during the Integration Process Towards the EU
In this paper, the responsibility for damage will be dealt with in the field of European private international law. The historical part of causing damage will be dealt with, where we will focus mainly on the provision of national legislation and what international legislation has dealt with! Responsibility will be addressed from the point of view of Regulation II of Rome, some special obligation relationships, focusing on some specific damages which this regulation deals with, and the scope of the appropriate law! The alignment of Rome II Regulation with Albanian internal legislation will be addressed. First, we will deal with the historical part of the paper, how it was treated at the time of Zog and until today, then we will continue with the treatment of the current and international legislation, bringing the comparative part and the innovation in the domestic legislation and will to conclude with some conclusions which should be in the attention of the legislators for the future. When a damage is caused, which comes as a result of human actions, a civil legal relationship arises. The damager who causes this legal relationship must be held responsible, this requires certain stages to be passed where it is determined what is the damage that has occurred, the conditions that must be met, the calculation of the facts, the legitimacy that the parties have process etc. The cause of damage is divided into two categories, contractual and non-contractual damage. That part of the law that regulates contractual and non-contractual damages recognizes the right of persons to be compensated for the damages that may have been caused to them as a result of the breach of contract or the commission of any illegal action. The other commonality between the two types of damages is the reason for exemption from responsibility for causing these damages, which can be force majeure, extreme necessity.   Received: 05 May 2022 / Accepted: 16 May 2023 / Published: 20 May 2023
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