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11 October 2007 / Simon Johnson
Issue: 7292 / Categories: Features , EU
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Choose your law

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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

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