Part IV The Law of Obligations, 20 Non-Contractual Obligations
Uglješa Grušić, Christian Heinze, Louise Merrett, Alex Mills, Carmen Otero García-Castrillón, Zheng Sophia Tang, Katarina Trimmings, Lara WalkerEdited By: Paul Torremans, James J. Fawcett
- Choice of law clauses — Applicable law — Torts and applicable law — Scope of the law applicable under the Rome II Regulation
This chapter examines the applicable law for non-contractual obligations. It first introduces the reader to the choice of law rules for torts, restitution, and equitable obligations before discussing the relevant provisions of the Rome II Regulation, focusing on the applicable law for torts/delicts and for unjust enrichment, negotiorum gestio and culpa in contrahendo; limitations on the dominance of the law applicable; rules of safety and conduct; and Rome II Regulation's relationship with other provisions of EU law and existing international conventions. It then considers the applicable law for maritime non-contractual obligations such as maritime torts, along with mixed issues relating to non-contractual obligations and contracts. It also looks at contractual and non-contractual obligations to which there is a contractual defence and concludes with an analysis of non-contractual obligations that are outside the scope of the Rome II Regulation, including defamation.