UBIQUITY PRINCIPLE IN INTERNATIONAL NEGOTIORUM GESTIO

Abstract

The difference between fulfillment place and result place of the performance is known as ubiquity principle. Ubiquity principle is generally examined in German Penal Law doctrine. This public law character Principe affects the torts law in civil and private law areas. In siber tort law, the damage places can take more than one specific place in priority. This expansion of damage place over more than one place makes the legal event related to more than one law of different countries. At that time, according to ubiquitætsprinzip, it can be chosen one of these country’s law by the plaintiff. According to the single connecting rule, it should be applied only one law for the whole totality of international negotiorum gestio and the choice of law right of the plaintiff can help fort his single connection. Plaintiff can choose one of the related country’s courts and in international negotiorum gestio, he or she can also choose the applicable law of one of these countries. Our main goal to write this article is to show that the ubiquity principle gives way to the choice of law mainly in negotiorum gestio issues employees.