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The Rome II Regulation: The Law Applicable to Non-Contractual Obligations - Updating Supplement by Dickinson, Andrew (24th June 2010)

Part II Non-Contractual Obligations Arising Out of Tort/Delict, 4 Tort/Delict—General Rules

From: The Rome II Regulation: The Law Applicable to Non-Contractual Obligations: Updating Supplement

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):
Applicable law — Choice of law clauses — Rome Convention — Breach of contract — Tort/delict — Scope of the law applicable under the Rome II Regulation
4.01 (n 2) Also G Hohloch, ‘Place of Injury, Habitual Residence, Closer Connection and Substantive Scope: The Basic Principles’ (2007) 9 YPIL 1. 4.04 (n 14) Add This element of the Commission’s reasoning is criticized by Professor de Boer, who describes the references in the explanatory memorandum and in Recital (17) to the modern approach to civil liability as ‘token remarks’ (T M de Boer (2007) 9 YPIL 19, 28–9) and argues that, had this proposition been carried to its logical conclusion, Art 4(1) would have designated the place of the victim’s domicile rather...
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