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Part II Non-Contractual Obligations Arising Out of Tort/Delict, 4 Tort/Delict—General Rules

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: 03 October 2023

Applicable law — Choice of law clauses — Rome Convention — Breach of contract — Tort/delict — Applicable law to non-contractual obligations — Culpa in Contrahendo — Industrial action — Jurisdiction under the Brussels I Regulation — Equitable obligations — Damages — Habitual residence
4.01 Subject to the rules of displacement contained in Arts 4(2) and (3), Art 4(1) provides that the law generally applicable to non-contractual obligations arising out of a tort/delict is the law of the country in which the damage occurs (lex loci damni‎).2 Despite minor changes in wording, this outcome largely reflects the Commission Proposal.3 The Commission’s approach was challenged by the European Parliament during the passage of the Regulation,4 but was supported by the Member State delegations in the Council. 4.02 In recommending this solution, the...
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