Irina Get'man-Pavlova1, L. Karimova
  • 1 National Research University Higher School of Economics, 20 Myasnitskaya Str., Moscow, 101000, Russian Federation

Codifying Conflict of Law Regulation of Extracontractual Obligations in Oregon, USA

2015. No. 2. P. 186–201 [issue contents]
Codification process in international private law is of global nature and involves countries not inclined to systematizing statutory law. In this regard, the case of the legislative body of the state of Oregon isworth being noted as it attempted a large-scale codification of the choice-of-law rules as to time limits, contractual and extracontractual obligations. The paper examines choice-of-law codification applicable to tort or other extracontractual obligations adopted in Oregon in 2009. The Oregon Codification ofconflict of law regulation for extracontractual obligations is of a special interest as the major battlefield of the US revolution of conflict of laws was examining disputes on tort. Besides, Oregon is a state of common law without stable traditions of codifying statutory law and the black-letter law of Oregon is aspecial example of specifics of lawmaking in common law. The paper studies the major provisions ofthe act and their interpretation contained in the official commentaries of the Oregon Law Commission. The choice of law is based on a flexible approach, i.e. identifying law correlated with the setting relevant contacts. Besides, Oregon lawmakers arrange some connectors related to the conflict of laws suchas right to residence for parties, right of the place for tort. The article concludes that methodologically, 2009 Act is a mixture of conflict of law approaches and norms. The general approach is arranged by a flexible provision, i.e. applying law relevant to a particular dispute resolution. The Act also contains specific norms in question for a variety of possible disputes arising in tort disputes. The document isbased on the approaches of conflict of law revolution and its norms may be viewed as systematizing the quintessence of US conflict of law doctrine.
Citation: Get'man-Pavlova I., Karimova L. (2015) Kodifikatsiya kollizionnogo regulirovaniya vnedogovornykh obyazatel'stv v shtate Oregon (SShA) [Codifying Conflict of Law Regulation of Extracontractual Obligations in Oregon, USA]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 186-201 (in Russian)
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