header-logo header-logo

11 October 2007 / Simon Johnson
Issue: 7292 / Categories: Features , EU
printer mail-detail

Choose your law

Will choice of law agreements become popular under
Rome II? Simon Johnson investigates

The Rome II Regulation 864/2007/EC was published on 20 August 2007 and will come into force in January 2009. It applies to situations involving a conflict of laws in respect of non-contractual obligations in civil and commercial matters. It does not apply to revenue, customs or administrative matters or to the liability of the state for acts and omissions in the exercise of state authority (Art 1(1)).

Article 1(2) lists seven categories of non-contractual obligations excluded from the scope of Rome II: non-contractual obligations arising out of family relationships; matrimonial property regimes; wills and succession; bills of exchange; promissory notes and other negotiable instruments; the law of companies; trusts; nuclear damage; and defamation. It does not apply to evidence and procedure (Art 1(3)).

NON-CONTRACTUAL OBLIGATIONS

Rome II applies to damage arising as a consequence of tort or delict, unjust enrichment, negotiorum gestio (agency without authority) and culpa in contrahendo (pre-contractual situations). It will apply whether or not the obligations in question

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll