The Scope Of ‘Non-Contractual Obligations’

Abstract

The material scope of the Rome II Regulation is defined in two ways: first, by reference to nature of the legal relationship in issue, namely non-contractual obligations, secondly by reference to the context in which such relationships arise, namely civil and commercial matters. This chapter focuses on the nature of the relationships that attract the Regulations application. Two interesting and important issues arise. First, which relationships are non-contractual and how do the answers to this question relate to those found elsewhere in Community private international law? Second, what is an obligation and is the answer affected by a claims dependence on pre-existing rights such as those of contract or property, the type of remedy sought, or the obligations characterization as equitable? Underlying the resolution of these issues is a more fundamental matter regarding the Regulations approach to characterisation questions. Keywords: Community private international law; legal relation; non-contractual obligations; Rome II regulation