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Filozofia (Philosophy)
|
2016
|
vol. 71
|
issue 10
869 – 880
EN
Pulp fiction offers two philosophically relevant stories about the radical transformation of a person, which, in accordance with late Kant, could be called „revolutions of the mind“. In both cases we deal with freedom to understand ourselves and our world – in confrontation with irrationality of life lived in fear and violence – differently. From this nihilistic perspective everything works out without words, based on blind loyalty and brutality of violence. While in the first case the calculus of fear is broken by the honour of the warrior which in Nietzschean sense emancipates the person making him/her a winner and a master, in the second case a radical change in understanding one’s self casts doubt on the principle of violence itself and at the same time reveals the fundamental Heideggerian dimension of the power of the others over the sphere of one’s actions which are always his/her own, i.e. its transpersonal anonymity, which is generally accepted as a valid conviction concerning the status quo of the world.
EN
The regulation No 864/2007 of the European Parliament and of the Council of July 11 2007 on the law applicable to non-contractual obligations (Rome II) introduced uniform European choice of law rules which allow parties to agree to submit their non-contractual obligations to the law of their choice. The paper discusses the admissibility of such choice of law, its subjective and objective limits as well as the form and legal consequences. In order to established the role played by the party autonomy in the European conflict of laws it is necessary to perceive the regulation on the law applicable to contractual regulation No 593/2008 ('Rome I'), regulation 'Rome II' and the regulation No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ('Brussels I') as three complementary instruments forming cornerstone of the European codification of the private international law.
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