Law 5110 Study Guide - Quiz Guide: Rome Ii Regulation, Habitual Residence, Enhanced Cooperation
Document Summary
Rome ii regulation applicable law for non-contractual obligations in. Scope and features of rome ii: scope, determines applicable law for non-contractual obligations compliments brussels i. It applies to non-contractual obligations: obligations arising out of tort/delict, unjust enrichment, agency without authority, and pre-contractual dealings. It applies to both damage that has already arisen and actions to prevent future damage (art. 2): only matters of non-contractual obligations in civil and commercial matters are dealt with. Other provisions deal with general questions on pil (i. e. , overriding mandatory rules, exclusion of renvoi, public policy (art. 27 and 28: priority is given to conflict rules from other eu instruments dealing with particular matters and international conventions (not those that are concluded exclusively between ms) to which the ms is party. Freedom of choice and the general conflict rule: freedom of choice/ party autonomy: unlike contractual obligations, parties to a non- contractual liability dispute normally do not agree on applicable law in advance.
