Publication Type

Journal Article

Version

publishedVersion

Publication Date

1-2023

Abstract

Knowing receipt requires the satisfaction of disparate elements under English domestic law. Its characterisation under domestic law is also unsettled. These in turn affect the issues of characterisation and choice of law at the private international law level as knowing receipt sits at the intersection of the laws of equity, restitution, wrongs and property. This paper argues that under the common law, knowing receipt ought to be considered as sui generis for choice of law purposes and governed by the law of closest connection to the claim. Where the Rome II Regulation applies, knowing receipt fits better within the tort rather than unjust enrichment category and the escape clause in Article 4(3) of the Regulation ought to apply.

Keywords

private international law, conflict of laws, choice of law, knowing receipt, choice of law, characterisation, restitution, unjust enrichment, equity, tort, wrongs, property, Rome II Regulation

Discipline

Comparative and Foreign Law | Conflict of Laws | International Law

Research Areas

Private Law

Publication

International and Comparative Law Quarterly

Volume

72

First Page

147

Last Page

177

ISSN

0020-5893

Identifier

10.1017/S002058932200046X

Publisher

British Institute of International and Comparative Law

Embargo Period

1-12-2023

Copyright Owner and License

Authors

Creative Commons License

Creative Commons Attribution 4.0 International License
This work is licensed under a Creative Commons Attribution 4.0 International License.

Additional URL

https://doi.org/10.1017/S002058932200046X

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