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Part III Other Non-Contractual Obligations, 10 Unjust Enrichment

From: The Rome II Regulation: The Law Applicable to Non-Contractual Obligations

Andrew Dickinson

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2023

Applicable law — Performance of contract — Applicable law to non-contractual obligations — Unjust enrichment — Culpa in Contrahendo — Negotiorum Gestio — Tort/delict
10.01 Articles 10 to 13, to be discussed in this and the following two chapters, form Chapter III of the Regulation, entitled ‘Unjust Enrichment, Negotiorum Gestio‎ and Culpa in Contrahendo‎’.1 These specific non-contractual obligations were deliberately segregated from Chapter II on the basis that, as Recital (29)2 makes clear, they were not considered to arise out of a ‘tort/ delict’. Beyond this, however, the elongated title of the Chapter suggests that there is no other common element that unifies the rules of applicable law in Arts 10 to 12. Art 13 does not...
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