Rabel stated in his basic comparative study on the conflict of laws the following “dominant principle” in the field of torts:
“The principle unanimously established by the canonists and later the statutists since the 13th century and generally adopted today is that the lex loci delicti commissi governs.”
In recent publications this general principle has been widely discussed and it appears that neither the historical background of the rule nor its theoretical justification is entirely free from doubt. Some legal writers have pointed out that the lex loci delicti rule in its present form is of relatively recent origin. The main issue of the modern discussion, however, is concentrated on the theoretical bases of the rule. The following study will be restricted to this problem and there will be a comparison of the laws of some continental European countries and the law of the United States.