Study On The Act On Choice Of Law For Torts And Other Non-Contractual Claims In Oregon,U.S.

2010had witnessed The Act on Choice of Law for Torts and Other Non-Contractual Claims (hereinafter refer to as The Act), the first attempt to codify tort conflicts by the State of Oregon with common law tradition, representing the latest achievement in tort conflicts in America. On the basis of empirical study and quantitative research, The Act lays a solid foundation for legislative process. Meanwhile, by means of studying the comparative law and fully adopting of essence in Statute Law and Common Law, The Act establishes system of rules, which balance the certainty and flexibility in tort conflicts. The Act also makes a clear boundary of the application of lex fori to connect the law choice methods with rules. In addition, The Act establishes the division principle of the conduct-regulating rule and loss-distributing rule, incorporating party autono-my, lex loci delicti and the "most appropriate" principle.This thesis mainly discusses the law applicable issues for torts and other non-contractual claims. The first chapter introduces briefly The Act, its background and legislative process. The second chapter, which is the focus of the whole thesis, makes a deep study of the specific legal rules applications of The Act. The third chapter makes a contrast of rules between Law of Law Application of Foreign Civil Relations and The Act with the purpose of coming up with some practicable advices to improve the legislation in China.