... describes the user-unfriendly interface of national contract law and how Unidroit Principles can facilitate the understanding of national contact law. Contracts gapfilling restatement hardship culpa in contrahendo interpretation battle of forms Twenty years ago, the now late professor Kurt...

...Applicable law Choice of law clauses Rome Convention Breach of contract Tort/delict Applicable law to non-contractual obligations Culpa in Contrahendo Industrial action Jurisdiction under the Brussels I Regulation Equitable obligations Article 4 General rule 1. Unless otherwise...

...Avoidance of contract Performance of contract Validity of contract Applicable law Culpa in Contrahendo Rome I Regulation and choice of law 12.03   ( n   10 ) Add   B Volders , ‘Culpa in Contrahendo in the Conflict of Laws: A Commentary on Article 12 of the Rome II...

...Recovery of assets Recovering transaction loss Litigation risk Concurrent claims Rome I Regulation and choice of law Culpa in Contrahendo Tort/delict 6.01 Any transaction is exposed to the risk that it is ineffective to create enforceable obligations or transfer property, risks...

... and interests protected, Verkehrssicherungspflichten, liability for others), frustration, good faith, culpa in contrahendo, breach of contract, and third party loss. All in all, we get an overwhelming sense of continuity of development. The German Civil Code, the courts...

...Non-contractual obligations Scope of applicable law Scope of the law applicable under the Rome II Regulation Tort/delict Culpa in Contrahendo Negotiorum Gestio Unjust enrichment Rules of conduct and non-contractual obligations English law has traditionally had separate choice of law rules...

... of this chapter. ³ Tort/delict Applicable law to non-contractual obligations Culpa in Contrahendo Negotiorum Gestio Public policy and non-contractual obligations Scope of the law applicable under the Rome II Regulation Environmental damage Product liability Unfair competition Unjust...

... that the characterization for the purpose of European law will not yield a different result. If this is correct, newly drafted Article 4 of the Rome II Regulation could be applicable. ⁶⁷ 22.35 To be sure, there have been attempts to understand Article 12 of the Regulation (dealing with culpa...

...Scope of applicable law Rome I Regulation and choice of law Termination of agency Breach of contract Performance of contract Scope of the law applicable under the Rome II Regulation Culpa in Contrahendo Territorial Applications Jurisdiction under the Brussels I Regulation 3.01   Add...

... policy and non-contractual obligations Unjust enrichment Unfair competition Environmental damage Culpa in Contrahendo Negotiorum Gestio Industrial action 8.08 Reference to the law of the place where the allegedly tortious cause of action arose may be intuitive: very many legal systems do...

...Applicable law Performance of contract Applicable law to non-contractual obligations Unjust enrichment Culpa in Contrahendo Negotiorum Gestio Tort/delict 10.01 Articles 10 to 13, to be discussed in this and the following two chapters, form Chapter III of the Regulation, entitled...

...Applicable law Rome Convention Applicable law to non-contractual obligations Negotiorum Gestio Culpa in Contrahendo Scope of the law applicable under the Rome II Regulation Non-contractual obligations Article 11 Negotiorum gestio 1. If a non-contractual obligation arising out...

...Avoidance of contract Performance of contract Validity of contract Applicable law Applicable law to non-contractual obligations Culpa in Contrahendo Scope of the law applicable under the Rome II Regulation Non-contractual obligations Contract Tort/delict Article 12 Culpa in contrahendo...

... Regulation is then examined in relation to torts and to unjust enrichment, negotiorum gestio and culpa in contrahendo. The real difficulties created by a conflicts rule which uses the place where the damage occurred are exposed. Some solutions are proposed, but the rule...