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The Law Applicable to Non-Contractual Obligations (Scotland) Regulations 2008
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- Scottish Statutory Instruments
- 2008 No. 404
- Explanatory Note
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Explanatory Note
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These Regulations concern Regulation (EC) No. 864/2007 of the European Parliament and of the Council on the law applicable to non-contractual obligations (Rome II) (“Rome II”). Rome II establishes uniform choice of law rules in the field of non-contractual obligations, principally in the context of proceedings in delict, but also in relation to proceedings for unjust enrichment and some other non-contractual obligations. Rome II enables courts in the European Community to determine the national laws to be applied in cases with a cross-border dimension.
These Regulations amend the Private International Law (Miscellaneous Provisions) Act 1995 and the Prescription and Limitation (Scotland) Act 1993 so that they do not apply to cases which fall to be determined under Rome II (regulations 2 and 3).
These Regulations also extend the application of Rome II to conflicts between the laws of Scotland, England and Wales and Northern Ireland and Gibraltar (regulation 4).
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