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5. Non-contractual obligations

2016
Non-contractual obligations cover both tortious obligations and obligations which arise from unjust enrichment and analogous doctrines. Until relatively recently, choice of law rules formulated by the courts held sway in relation to both torts and restitution.
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The Scope Of ‘Non-Contractual Obligations’

2009
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.
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From the doctrine of restitution of the Spanish late scholastics to the European law of non-contractual obligations?

Civil Law Review, 2022
The article traces the influence on modern law of the late scholastic theory of restitution (restitutio), which integrated the laws of unjust enrichment, delict, and damages into one, single overarching theory. Although late scholastic authors were widely read and frequently cited during the 17th and 18th centuries, the impact of their theory of ...
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Legitimisation of the Principle of Party Autonomy from an ASEAN Perspective: Contractual and Non-Contractual Obligations

SSRN Electronic Journal, 2016
The ASEAN Community has gradually developed its Private International Law (PIL) at both national and regional levels. The significance of this development has been the subject of much debate by most, if not all, legislators, enforcers and scholars, among others, since the substantive agreements of the ASEAN Economic Community were enforced by Member ...
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An Enhanced Role for Party Autonomy in the Applicable Law for Non-Contractual Obligations

The applicable law rules for tort and contract in Australian private international law have developed in isolation from one another. The reason for this tendency is that tortious and contractual claims have long been regarded as distinct causes of action, despite often arising from similar factual circumstances.
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