Part IV Freedom of Choice and Common Rules, 13 Choosing the Law Applicable to Non-Contractual Obligations
From: The Rome II Regulation: The Law Applicable to Non-Contractual Obligations
Andrew Dickinson
- Subject(s):
- Applicable law — Rome I Regulation and choice of law — Choice of law clauses — Illegality and contract — Validity of contract — Applicable law to non-contractual obligations — Scope of the law applicable under the Rome II Regulation — Contractual obligations and freedom of choice
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....
