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The Significance Of Close Connection

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Chapter Summary

The Rome II Regulation stipulates which national laws primarily govern each of the various species of non-contractual obligation. But courts may displace that law where an obligation is manifestly more closely connected with another country, and apply instead that countrys law. The closest connection test qualifies the primary rules governing unjust enrichment, negotiorum gestio, and culpa in contrahendo, as well as the specific rule governing product liability in tort. This chapter focuses on the tests most important role in qualifying the general rules for choice of law in tort supplied by Article 4. Article 4 adopts the familiar rule-plus-exception model, common in the design of choice of law rules. Article 4 embodies a test of close connection. It is plausible to read the test in purely geographical terms, requiring nothing more than a search for territorial connection, without reference to the significance of those connections.

Keywords: closest connection test; non-contractual obligation; Rome II Regulation; territorial connection



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