COMPENSATION FOR HARM CAUSED BY THE DEFECTS IN GOODS (WORK OR SERVICES) IN FOREIGN PRIVATE INTERNATIONAL LAW LEGISLATION
The article deals with the conflict of laws regulation of compensation for damage caused by a product (works or services) in private international law legislation of different countries. The specificities of legal regulation of such relations are determined by the necessity of supporting the balance of parties’ interests, protection of persons and legal bodies (“weaker party”), damaged by the defects of products (works or services), and stimulation of quality workmanship of producers and sellers of products, works and services. Formulation of special conflict-of-law norms in modern codifying acts in this area of regulation is explained by the specifics of such relations, which are become more multivarious, requiring the differentiated approach. The place of producing the product (execution of work, provision of services) in such relations can be not coincide with the place of ensuing of harmful consequences, caused by a product of defective quality. It is noted that the effect of the basic principle (lex loci delicti) for non-contractual obligations in the field of products liability (works, services) is limited by the establishment of special forms of attachment and escape clauses. On the basis of comparison of the legislation of certain countries, as well as Article 5 “Product liability” of the Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) tendencies of conflicts regulation in this area are identified, based on the “cascade” system of norms which allows to take into account various cases of causing of harm. It was concluded that, despite some differences, generally there is a trend towards harmonization of regulation of the relations concerned in the legislation of various countries.