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

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

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 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....
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