The law governing a contractual obligation under this regulation shall apply to the extent that, in matters of contractual obligations, it contains rules which raise presumptions of law or determine the burden of proof. In june 1980 the convention on the law applicable to contractual obligations the rome convention was opened for signature, and it entered into force on 1 april 1991. The rome i regulation on the law applicable to contractual. Do you have information concerning economic actors and legal practitioners actual knowledge of the rome convention of 1980 and of its rules. Introduction the council of bars and law societies of the european union ccbe is the representative body of over 500,000 european lawyers through its member bars and law societies. Rome ii and its impacts on choice of law mo zhang i. In order to advance unification and harmoni zation of choice of law in the european. The law applicable to contractual obligations rome i regulation a summary and practical guidance on its impact on contractual obligations concluded by cyprus companies from 17 december 2009 regulation ec no 5932008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations. The rome convention on the law applicable to contractual obligations rome convention governs contracts entered into before 17 december 2009. Article 5 of the rome convention on the law applicable to contractual obligations of 19 june 1980 and consumer e contracts. The law applicable to contractual obligations rome i. It highlights the main changes from the rules contained in the rome convention on the law applicable to contractual obligations of 1980 rome.
The convention determines which law should be used, but does not harmonise the substance. Pdf article 5 of the rome convention on the law applicable to. The first project of the convention on the law applicable to contractual and non contractual obligations was announced in 1972 r. The choice must be expressed or demonstrated with reasonable certainty by the terms of the contract or the circumstances of the case. The rome i regulation has been described by the european commission as a central element of the community acquis in the. The rome ii regulation the law applicable to non contractual obligations andrew a. Article 3 of the rome convention poses the basic principle of party autonomy under which the contract is regulated by the law chosen by the parties. Rome convention convention 80934ecc on the law applicable to contractual obligations opened for signature in rome on 19 june 1980. The distribution contract had a characteristic performer. The 1980 rome convention on the law applicable to contractual obligations consultation paper from the european commission response of the government of the united kingdom question 1. Rome i law applicable to contractual obligations gard. Convention on the law applicable to contractual obligations eurlex. Rome ii, or the rome regulation on the law applicable to non contractual obligations, has applied since 11 january 2009. The law applicable to contractual obligations and non.
Rome i regulation on law applicable to contractual. Rome i regulation on law applicable to contractual obligations comes into force 17. Rome convention on the law applicable to contractual relations of october 9, 1980, oj eu, no. Convention on the law applicable to contractual obligations and to the two protocols on its interpretation. Convention on the law applicable to contractual obligations opened for signature in rome on 19 june 1980. The convention came into force following its seventh ratification by a contracting state and makes provision as to the law applicable to contractual obligations in the case of a choice of laws of different countries. The convention on the law applicable to contractual obligations 1980, or the rome convention, is a measure in private international law or conflict of laws. Ec convention on the law applicable to contractual obligations rome 1980 preamble title i scope of the convention article 1 scope of the convention article 2 application of law of noncontracting states title ii uniform rules article 3 freedom of choice article 4 applicable law in the absence of choice. Convention on the law applicable to contractual obligations opened for signature in rome on 19 june 1980 consolidated version cf. Ec convention on the law applicable to contractual.
The eee convention on the law applicable to contractual obligations. The main work is now fully updated with a brand new supplement which incorporates all major substantive developments since publication of the main work in december 2008. Article 5 of the rome convention on the law applicable to. Convention on the law applicable to contractual obligations. It is based upon and replaces its predecessor the rome. The law applicable to non contractual obligations rome ii regulation as of 11 january 2009, regulation ec no 8642007 of the european parliament and of the council of 11 july 2007 on the law. Article 31 demonstrated with reasonable certainty by the terms of the contract or the circumstances of the case. The applicable law to the distribution contract in the rome i regulation. Pdf ec convention on the law applicable to contractual. Convention on the law applicable to contractual obligations and to the two protocols on its interpretation by the court of justice has made it desirable to produce a consolidated version of the rome convention and of those two protocols.
The rome convention, as it came to be known, is the applicable law to contractual obligations and was convened to create at least a harmonized, if not a unified, body of law within the scope of the european union. Ec convention on the law applicable to contractual obligations rome 1980. The rome convention was enacted into english law by the contracts applicable law act 1990. On the law applicable to contractual obligations rome i rome i article 24 version article 24 relationship with the rome convention this regulation shall replace the rome convention in the member states, except as regards the territories of the member states which fall within the. The rome convention binding all eu member states 19th of june 1980 regulates the applicable law to contractual obligations. By their choice the parties can select the law applicable to the whole or a part only of the contract. Introduction in 1980, the european union adopted the convention on the law applicable to contractual obligations, commonly called the rome convention. The accession of great britain and ireland to the eec caused the limitation of the convention s scope only to the law applicable to the contractual obligations 2. International property sales applicable law italian.
L 266 table of contents ec convention on the law applicable to contractual obligations rome 1980 title ii uniform rules article 4 applicable law in the absence of choice article 5 certain consumer contracts article 6 individual employment. Regulation 3 amends the contracts applicable law act 1990 c. European parliament and of the council of 17 june 2008 on the law applicable to contractual obligations rome i, as it has effect in eu law and as amended from time to time, appliesb. The eec convention on the law applicable to contractual obligations 1 was opened for signature in rome on 19 june 1980. Vienna convention on international sale of goods cisg rome convention on the applicable law to contractual obligations o rome i 06092010 2 scope of application 1. Rome ii and the law applicable to non contractual obligations introduction on 11 january 2009, a fundamental change to the way in which the law applicable to non contractual obligations will be determined under english law took place when regulation ec no 8642007 on the law applicable to non contractual obligations rome ii came into effect. In certain contractual relationships involving consumers and professionals, article 5 of the convention includes specific rules intended to protect consumers.
The 1980 eu convention on the law applicable to contractual obligations the rome convention has been replaced by the rome i regulation eu regulation 5932008, on the law applicable to contractual obligations which came in to force in july 2008 and has been applicable in all eu member states, with the notable exception of denmark, since 17th. The rome convention on the law applicable to contractual. It was signed in rome, italy on 19 june 1980 and entered into force in 1991. The convention on the law applicable to contractual obligations 1980, or the rome convention, is a measure in private international law or conflict of laws which creates a common choice of law system in contracts within the european union. Rome i regulation this project is cofinanced by the.
On the field of private international law in the eu member states, the rome convention plays the most significant role regarding contractual obligations. It is not confined to torts, or only to non contractual obligations recognised. It is based upon and replaces the convention on the law applicable to contractual. A contract shall be governed by the law chosen by the parties. Rome convention on the law applicable to contractual. The rules set out in rome i do not differ significantly from those contained in the rome convention on the law applicable to contractual obligations of 1980 the rome convention. The law applicable to noncontractual obligations rome ii. Rome i replaced the rules in the 1980 rome convention on the law applicable to contractual obligations, with effect from 17 december 2009, although the 1980 rome convention continues to apply to certain contracts entered into before rome i entered into force. The same issue has already arisen in relation to the commissions recently proposed regulation on choice of law in noncontractual obligations. Convention on the law applicable to contractual obligations 1980. The rome convention sets out the rules for determining the law which should be applied by courts when resolving contractual disputes, but it does not apply to non contractual obligations including. Choice of law in respect of contracts is already regulated at community level by the rome convention on the law applicable to contractual obligations, opened for signature on 19 june 1980. Official journal of the european communities c 2734 26.
The rome i regulation applies to all eu member states except denmark in relation to contractual obligations in civil and commercial matters in situations involving a conflict of laws that arise out of contracts concluded from 17 december 2009. Convention on the law applicable to contractual obligations and irelands reservation to article 71 of the convention done at rome on 19 june 1980 signed on behalf of ireland on 19 june 1980 irelands instrument of ratification deposited with the secretarygeneral of the council of the european communities on 29 october 1991. It allows parties to contractually agree a governing law for non contractual obligations. Rome ii establishes the rules applicable to eu member states except denmark. The amendments convert the rules in that convention into domestic law. The rome i regulation regulation ec no 5932008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations is a regulation which governs the choice of law in the european union. Matthew horlacher introduction on april 1, 1991, the convention on the law applicable to contractual obligations, commonly known as the 1980 rome convention, came into force. When applying under this convention the law of a country, effect may be given to the mandatory rules of the law of another country with which the situation has a close connection, if and in so far as, under the law of the latter country, those rules must be applied whatever the law applicable to the contract. It has now been replaced by the rome i regulation except for in denmark, which has an opto. Conclusion 103 obsah the rome convention on the law applicable to contractual obligations well known also as rome convention 1980 or just rome i. The rome convention of 19 june 1980 lays down rules relating to the designation of the law applicable to contractual obligations. The distribution contract did not have a defined characteristic performance. The rome ii proposal lays down choice of law rules for non contractual obligations torts and restitution.