
Contents
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A. Introduction A. Introduction
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B. Non-Contractual Obligation Arising Out of an Act Performed without Due Authority in Connection with the Affairs of Another (Negotiorum Gestio) B. Non-Contractual Obligation Arising Out of an Act Performed without Due Authority in Connection with the Affairs of Another (Negotiorum Gestio)
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Negotiorum Gestio and English Law Negotiorum Gestio and English Law
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Salvage Salvage
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C. The Law Applicable to Non-Contractual Obligations in Situations of Negotiorum Gestio C. The Law Applicable to Non-Contractual Obligations in Situations of Negotiorum Gestio
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First Level—Law Governing Relationship Existing between the Parties with which Obligation is Concerned (Art 11(1)) First Level—Law Governing Relationship Existing between the Parties with which Obligation is Concerned (Art 11(1))
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Second Level—Country of Common Habitual Residence (Art 11(2)) Second Level—Country of Common Habitual Residence (Art 11(2))
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Third Level—Country in which the Act was Performed (Art 11(3)) Third Level—Country in which the Act was Performed (Art 11(3))
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Rule of Displacement—Country Having a ‘Manifestly Closer Connection’ (Art 11(4)) Rule of Displacement—Country Having a ‘Manifestly Closer Connection’ (Art 11(4))
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Cite
Extract
Article 11Negotiorum gestio...
Introduction
Art 11, under the heading negotiorum gestio, concerns non-contractual obligations arising out of acts performed without due authority in connection with the affairs of another. As in the case of unjust enrichment (Art 10),1 Art 11 essentially retains the hierarchy of rules of applicable law within Art 9 of the Commission Proposal, which combined a provision dealing specifically with the law applicable to ‘actions performed without due authority in connection with the affairs of another person’2 with two higher ranking rules of more general application3 and a single rule capable of displacing the law applicable under the preceding rules.4 That said, the basic rule in the final version of Art 11, designating the law of the country in which the relevant act was performed in all cases of negotiorum gestio,5 is significantly more straightforward than that contained in the Proposal, which dealt with situations involving physical protection of a person or tangible property separately from other cases.6 The text of Art 11 corresponds substantially with that adopted by the European Parliament at its first reading stage,7 subject to what were described as ‘technical’ amendments in the Amended Proposal8 and the Common Position of the Council.9 In particular, the Council chose to refer to ‘an act performed without due authority’ and to ‘the country in which the act was performed’10 rather than ‘actions performed without due authority’ and ‘the country in which the action took place’.11 This change, like the change in the wording of the rule for unjust enrichment referred to at 10.31 above, occurred between political approval of the text by the JHA Council in April 2006 and adoption of the Common Position in September 2006.12
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