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Part IV Freedom of Choice and Common Rules, 15 Public Policy, Mandatory Rules, and Rules of Conduct and Safety

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: 24 September 2020

Subject(s):
Limitation of liability — Rome Convention — Rome I Regulation and choice of law — Scope of applicable law — Punitive damages — Rules of conduct and non-contractual obligations — Applicable law to non-contractual obligations — Scope of the law applicable under the Rome II Regulation — Public policy — Overriding mandatory rules — Applicable law — Recognition and enforcement of foreign judgments – Brussels and Lugano Conventions
15.01 Arts 16 and 26 of the Rome II Regulation govern the relationship between the law applicable under the Regulation and the law of the forum. Art 26 provides for the overriding effect of the forum’s public policy. Art 16 permits the application of ‘overriding mandatory provisions’ of the law of the forum. Recital (32) emphasizes that these provisions are to be narrowly construed:1 Considerations of public interest justify giving the courts of the Member States the possibility, in exceptional circumstances, of applying exceptions based on public policy and...
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