13.01 A notable feature of the Commission’s preliminary draft proposal1 was the very wide freedom that it offered to contracting and litigating parties to choose the law applicable to non-contractual obligations arising or existing between them. This extension of the principle of party autonomy from contractual to non-contractual obligations was welcome. It was, therefore, disappointing that the Commission in Art 10 of its Proposal moved to restrict the right to choose the law applicable to non-contractual obligations to the period after the dispute had arisen....
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