30As is apparent from recitals 6, 14 and 16 of that regulation, that objective consists, inter alia, in ensuring certainty as to the law applicable irrespective of the country in which the action is brought, improving the foreseeability of court decisions and ensuring a reasonable balance between the interests of the person claimed to be liable and those of the person who has sustained damage. Such foreseeability of the law applicable would, however, be undermined if, where there is subrogation, the conditions for discharge and the manner in which the non-contractual obligation of the debtor towards the injured party may be extinguished were determined by the law applicable to the duty of the third person to satisfy that person. Under that interpretation, the law applicable and, therefore, those conditions for discharge and such manner of being extinguished may vary according to whether or not subrogation has taken place.
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