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Freedom To Choose The Applicable Law In Tort – Articles 14 And 4(3) Of The Rome II Regulation

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Chapter Summary

This chapter looks at the role Article 14 of the Rome II Regulation may play in practice. Since the late 1970s, party autonomy has occupied an ever increasing place in the statutory provisions on European conflict-of-law rules in tort. Practically all modern European statutes on private international law (PIL) that have expressly addressed this issue allow the parties to choose the applicable law in tort to a certain extent. By admitting the choice of law not only ex post but, under certain conditions, also ex ante, Article 14 provides for a modern approach, centring on the parties freedom to choose. The task for the courts and academics is to establish a coherent relationship between the rule on party autonomy and the rule on rattachement accessoire, i. e. the rule that provides for the application of the same law for contractual and extra-contractual obligations, Article 4(3).

Keywords: European conflict-of-law rules; extra-contractual obligations; private international law (PIL); Rome II Regulation



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