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
- 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...