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The Rome II Regulation: The Law Applicable to Non-Contractual Obligations by Dickinson, Andrew (1st July 2010)

Part III Other Non-Contractual Obligations, 11 Negotiorum Gestio

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, 2015. All Rights Reserved.date: 30 May 2020

Subject(s):
Applicable law — Rome Convention — Applicable law to non-contractual obligations — Negotiorum Gestio — Culpa in Contrahendo — Scope of the law applicable under the Rome II Regulation — Non-contractual obligations
11.01 Art 11, under the heading negotiorum gestio‎, concerns non-contractual obligations arising out of acts performed without due authority in connection with the affairs of another. As in the case of unjust enrichment (Art 10),1 Art 11 essentially retains the hierarchy of rules of applicable law within Art 9 of the Commission Proposal, which combined a provision dealing specifically with the law applicable to ‘actions performed without due authority in connection with the affairs of another person’2 with two higher ranking rules of more general application3 and...
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