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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, 14 Scope of the Law Applicable under the Regulation

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: 27 May 2020

Subject(s):
Scope of applicable law — Rome I Regulation and choice of law — Breach of contract — Exemption from liability — Limitation of liability — Construction of contract — Validity of contract — Calculation of damages — Scope of the law applicable under the Rome II Regulation — Applicable law to non-contractual obligations — Damages — Evidence — Burden of proof — Subrogation — Rome Convention — Applicable law — Non-contractual obligations — Jurisdiction under the Brussels I Regulation
14.01 The common rules in Chapter V of the Regulation are of three kinds. First, Arts 15 and 18–22 contain rules that positively define what has been described in Chapter 3 as the vertical material scope of the Regulation,1 by listing the matters governed by the law applicable to a non-contractual obligation determined in accordance with the rules in Chapters II to IV or otherwise as set out in the Regulation. Secondly, Art 16 (overriding mandatory provisions), alongside Art 26 in Chapter VI (public policy of the forum), defines the limits of the law applicable...
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