Berücksichtigung statutsfremder Sicherheits- und Verhaltensregeln

This study develops a consistent concept for the application of the special conflicts law rule of Art. 17 of the Rome II Regulation. The concept developed is subjected to a case study in cross-border prospectus liability law. The work is the first to demonstrate that Art. 17 of Rome II can be used to take into account the law of the marketplace in a methodologically convincing manner, and it thus makes a contribution not only to general private international law but also to international capital markets law.

In particular, economic reasons demand a link to the marketplace where securities have been issued. However, according to the current legal situation, the different residence rights of the investors have to be applied. As a consequence, the applicable law is fragmented from the issuer’s point of view (mosaic principle). This inappropriate situation can be corrected with the help of Art. 17 of Rome II, and the study’s findings can be extended to other fields of law.