Dutch Civil Code

Book 10 Private International Law

Title 10.13 Contractual obligations

Article 10:153 Definition 'Rome I Regulation'
For the purpose of the present Title (Title 10.13), the 'Rome I Regulation' means EC Regulation (No 593/2008) of 17 June 2008 on the law applicable to contractual obligations (OJ L 177).

Article 10:154 Rome I Regulation applicable to all contractual obligations
Obligations falling outside the scope of application of the Rome I Regulation and the Conventions applicable as a result thereof, which obligations can be regarded as obligations arising from contract, are governed by the provisions of the Rome I Regulation accordingly.

Article 10:155 Choice of law
In situations as meant in Article 7, paragraph 3, second subsection, of the Rome I Regulation parties may make a choice of law in conformity with Article 3 of the Rome I Regulation.

Article 10:156 Mandatory insurance contracts
For the purpose of Article 7, paragraph 4, under (b), of the Rome I Regulation, insurance contracts covering risks in respect of which a EU Member State imposes an obligation to take an insurance, shall be governed by the law of the EU Member State imposing that obligation.

Book 10 Private International Law

Title 10.14 Non-contractual obligations

Article 10:157 Definition of 'Rome II Regulation'
For the purpose of the present Title (Title 10.14), the Rome II Regulation means EC Regulation (No 864/2007) of 11 July 2007 on the law applicable to non-contractual obligations (OJ L 199).

Article 10:158 Non-application of the Rome II Regulation to traffic accidents and products liability
The Rome II Regulation shall not affect:
a. the Convention on the Law Applicable to Traffic Accidents, concluded at the Hague on 4 May 1971 (Treaty Series 1971, 118), and;
b. the Convention of 2 October 1973 on the Law Applicable to Products Liability, concluded at the Hague (Treaty Series 1974, 84).

Article 10:159 Rome II Regulation applicable to obligations arising from tort
Obligations falling outside the scope of application of the Rome II Regulation and of the Conventions applicable as a result thereof, and that may be regarded as arisen from tort (a tortious act), are governed by the provisions of the Rome II Regulation, on the understanding that obligations resulting from the exercise of Dutch public power are governed by Dutch law.