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Has The Forum Lost Its Grip?

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Chapter Summary

This chapter examines the role and power of the forum in the context of Rome II. It investigates whether the forums power will contract or expand under the new European regime for choice of law in tort and delict. The aim is to scrutinise the scope of the law applicable, not the scope of the Regulation or the scope of non-contractual obligations. Neither is it the purpose of this chapter to examine the availability and extent of the power to choose the forum; rather the goal is to examine the powers of the forum chosen. Consideration is given, not to the power to choose the lex causae, but to the respective roles of the lex fori and the lex causae. The author is concerned to note the incidence of the power of the forum to displace the prima facie applicable law.

Keywords: lex fori ; forums power; lex causae; non-contractual obligations; Rome II regulation



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