The Delict in the Private International Law

Деликтът в международното частно право

Деликтът в международното частно право

The last book of Boriana Musseva has been published – The Delict in the Private International Law

The book is the first Bulgarian separate study on the delict in the Private International Law. The heart of the study is the Regulation “Rome II”, which from the 11 January 2009 applies directly in all Member States of the European Union, including the Republic of Bulgaria, with respect to the delicts with an international element. The Bulgarian national statutory regulation in Chapter XI of the Private International Law Code and other statutory acts has also been presented, as they still apply in some limited cases, beyond the scope of the Regulation. Special attention has been drawn to the connection and inter-operation between the Regulation “Rome II” and the Regulation “Rome I”, determining the law applicable to contractual obligations with cross-border reflections.

The book suggests a comprehensive description of the methods, which the Bulgarian courts have to follow when determining the applicable substantive delict law. A partial expert comment on the scope, principles and methods of application of the norms of the Private International Law with respect to the delicts. The important judgements of the Court of the European Union have been studied in detail, together with the fundamental dogmatic constructions of the Bulgarian and foreign legal theories, as well as a comparison of the statutory regulations of more than 20 European states.

The approach of the study is pragmatic: each norm has been examined with a view to its prerequisites and its practical application. Many real examples have been used for an illustration of such application