In the document the text of which is set out below, the European Group of Private International Lawyers makes a proposal for legislation complementing the Rome Convention of 19 June 1980 on the law applicable to contractual obligations, by covering non-contractual obligations which arise from a harmful event or a quasi-contract. In matters of quasi-delict, even though from the comparative point of view the dominant conflict of laws rule is the application of the lex loci delicti, it is well known that this rule is subject to many slight variations from one country to another, in particular when the act which causes the damage and the damage itself occur in different states.
The proposal draws as much inspiration as possible from the Rome Convention. While leaving scope for the application of the lex loci delicti, it is based on the application of the law of the country with which the situation has the closest connection, and it establishes various presumptions in order to maximise the foreseeability of the applicable law. A general presumption gives priority to the fact that the parties are habitually resident in the same country. Special presumptions try to take account of substantive law policies, by giving priority to the place where the damage arose.European Review of Private Law