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Academic literature on the topic 'Convention on the Law Applicable to Contractual Obligations (1980)'

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Published: 10 March 2023

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Journal articles on the topic "Convention on the Law Applicable to Contractual Obligations (1980)"

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Siehr, Kurt. "Mandatory Rules of Third States From Ole Lando to Contemporary European Private International." European Review of Private Law 28, Issue 3 (September 1, 2020): 509–22. http://dx.doi.org/10.54648/erpl2020028.

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On 18 October 2016 the European Court of Justice, in the case Greece v. Nikiforidis, decided: ‘Article 9 (3) of the Regulation No. 503/2008 on the law applicable to contractual obligations must be interpreted as precluding overriding mandatory provisions other than those of the State of the forum or of the State where the obligations arising out of the contract have to be or have been performed from being applied, as legal rules, by the court of the forum, but as not precluding it from taking such other overriding mandatory provisions into account as matters of fact in so far as this is provided for by the national law that is applicable to the contract pursuant to the regulation’. Ole Lando already anticipated this development when he dealt with this problem arising under the Rome Convention of 1980 on the law applicable to contractual obligations still in force in Denmark. Harmonization, contract law, European private law, restatements

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Fallon, Marc. "Proposition pour une convention européenne sur la loi applicable aux obligations non contractuelles." European Review of Private Law 7, Issue 1 (March 1, 1999): 45–68. http://dx.doi.org/10.54648/233266.

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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.

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Verhagen, H. L. E. "The Tension Between Party Autonomy and European Union Law: Some Observations on Ingmar GB Ltd V Eaton Leonard Technologies Inc." International and Comparative Law Quarterly 51, no. 1 (January 2002): 135–54. http://dx.doi.org/10.1093/iclq/51.1.135.

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Party autonomy is the basic principle for international contracts. By making a ‘choice of law’, the parties to a contract can agree amongst themselves which law is to regulate their contractual relationship. In international transactions, the law of the parties' choice replaces the law that would otherwise have governed the contract, including the mandatory rules (ius cogens) of the latter law. Article 3 of the 1980 Convention on the Law Applicable to Contractual Obligations (hereafter: the ‘Rome Convention’) fully recognises this principle of party autonomy. Under Article 3 the parties are free to choose whichever law they deem appropriate to govern their contractual relationship. It is not even necessary for the transaction to display some connection with the chosen law.

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von Hoffmann, Bernd. "Consumer contracts and the 1980 Rome EC Convention on the law applicable to contractual obligations." Journal of Consumer Policy 15, no. 4 (December 1992): 365–84. http://dx.doi.org/10.1007/bf01014117.

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López-Rodríguez, Ana M. "The Rome Convention of 1980 and its Revision at the Crossroads of the European Contract Law Project." European Review of Private Law 12, Issue 2 (April 1, 2004): 167–91. http://dx.doi.org/10.54648/erpl2004014.

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Abstract: This article deals with some of the issues addressed in the Action Plan on a more coherent European contract law, COM (2003) 68 final, in connection with the Green Paper of the European Commission of 14 January 2003, COM (2003) 654 final, on the conversion of the Rome Convention of 1980 on the law applicable to contractual obligations into a Community instrument and its modernization. It argues ways in which both initiatives may complement each other towards a smoother functioning of the internal market.

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López-Rodríguez, Ana. "The Revision of the Rome Convention of 1980 on the Law Applicable to Contractual Obligations–A Crucial Role within the European Contract Law Project?" Nordic Journal of International Law 72, no. 3 (2003): 341–67. http://dx.doi.org/10.1163/157181003771013799.

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AbstractThis article deals with some of the issues addressed in the Action Plan on a more coherent European contract law, COM (2003) 68 final, in connection with the Green Paper of the European Commission of 14 January 2003, COM (2003) 654 final, on the conversion of the Rome Convention of 1980 on the law applicable to contractual obligations into a Community instrument and its modernization. It argues ways in which both initiatives may complement each other towards a smoother functioning of the internal market.

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Fentiman, Richard. "COMMERCIAL EXPECTATIONS AND THE ROME CONVENTION." Cambridge Law Journal 61, no. 1 (March 7, 2002): 1–52. http://dx.doi.org/10.1017/s0008197302381509.

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WHICH law governs a contract where none has been chosen by the parties? The solution lies in Articles 3 and 4 of the 1980 Rome Convention on the Law Applicable to Contractual Obligations. Article 3 allows a court to infer the parties’ intentions from the circumstances. But such intentions must be “real”, not presumed, and in the absence of genuine consent, Article 4 provides that the applicable law is that most closely connected with the contract. Under Article 4(2) this is (in effect) the law in force where the supplier of goods or services is located, or (if relevant) has a branch—for the supplier’s performance is invariably “characteristic” of a contract, in the sense intended by the Convention. But any clarity thereby won is immediately lost because the presumption is rebuttable under Article 4(5) whenever a contract is better connected with another law, exposing Article 4(2) to the risk of constant challenge. The presumption is especially vulnerable because it will so seldom be appropriate to apply the supplier’s law, the law of the place of performance frequently having a stronger claim to govern. Perplexingly, it is a presumption more apt to be rebutted than applied.

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Kuipers, Jan-Jaap. "Party Autonomy in the Brussels I Regulation and Rome I Regulation and the European Court of Justice." German Law Journal 10, no. 11 (November 1, 2009): 1505–24. http://dx.doi.org/10.1017/s2071832200018356.

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The relationship between Community law and Private International Law (PIL) did not have an easy start. The original EEC Treaty merely made one reference to PIL. The notable exception was the Brussels Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters (1968), an international convention concluded on the basis of art. 220 EEC (293 EC). The Rome Convention on the Law Applicable to Contractual Obligations (1980) did not even have an explicit legal basis. After the adoption of the Rome Convention it remained relatively silent on the Community level. It did not help that due to the status of international convention the European Court of Justice (ECJ) was deprived of any power of interpretation. The problem was resolved in two separate protocols. The protocol on the Brussels Convention entered into force in 1975 and the protocol on the Rome Convention only entered into force in 2004. Whereas there has been a substantial amount of case-law on the Brussels Convention, the ECJ only delivered its first judgment on the Rome Convention in October 2009.

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Olejnik, Karol. "Prawo właściwe dla umów z zakresu prawa własności intelektualnej, ze szczególnym uwzględnieniem umów licencyjnych." Acta Iuridica Resoviensia 35, no. 4 (2021): 306–19. http://dx.doi.org/10.15584/actaires.2021.4.22.

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This article deals with the issue of determining the law applicable to contracts in the field of intellectual property law in general. After Poland joined the European Union, in a relatively short period of time, various legal acts regulating the above-mentioned matter were in force. The author presents the current procedure for determining the law applicable to contracts for the transfer of intangible rights and license contracts on the basis of the Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). Author presents the sequence of actions in determining the applicable law – from the freedom to choose the law, through set decisive rules and the concept of characteristic performance, to correction clauses. At the same time, the text compares the current regulations with the provisions of the Rome Convention of 1980, which was the basis of today’s EU legal solutions. The author put particular emphasis on agreements for the use of intellectual property rights, for which the determination of the applicable law brings about more practical problems.

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Boskovic, Olivera. "Retour sur la loi applicable aux intérêts moratoires – A propos de l’arrêt rendu par la Cour de cassation belge le 23 avril 2007." European Review of Private Law 18, Issue 1 (February 1, 2010): 177–83. http://dx.doi.org/10.54648/erpl2010010.

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Résumé: L’arrêt rendu par la Cour de cassation belge le 23 janvier 2007 relance le débat sur la difficile question de la loi applicable aux intérêts moratoires. Censurant la Cour d’appel qui avait appliqué le taux de la loi du for pour toute la période postérieure au jugement, la Haute Juridiction belge affirme que c’est la loi du contrat qui est, en vertu de l’article 10)1)c de la Convention de Rome de 1980 relative à la loi applicable aux obligations contractuelles, applicable à cette question. Cette solution, cohérente, doit étre confrontée à une proposition qui recueille de plus en plus de suffrages doctrinaux, à savoir l’application de la loi de la monnaie dans laquelle est libellée la condamnation à la question des intérêts moratoires. A l’examen, il s’avére que cette dernière thèse ne permet pas de résoudre toutes les difficultés. Bien que des solutions optimales, quoique passablement complexes, existent sans doute en théorie, la solution adoptée par la Cour de cassation belge est satisfaisante et constitue probablement la réponse la plus adéquate à la situation qui lui était soumise. Abstract: This decision of the Belgian Cour de cassation reopens the debate on the difficult question of the law applicable to interest by way of damages. Quashing the Court of appeal decision which had applied the rate of the lex fori for the post-judgement period, the Supreme Belgian Court held that, by virtue of article 10)1)c of the Rome Convention on the law applicable to contractual obligations, the governing law is the law of the contract. This solution although satisfactory, should be confronted to an increasingly welcomed proposition, i.e. the submission of interest by way of damages to the law of the currency in which the debt is expressed. On closer examination, it appears that the latter proposition does not resolve all problems. Although optimal solutions, inevitably complex, do exist in theory, the solution adopted by the Belgian Cour de cassation is satisfactory and was probably the most adequate response under the submitted circumstances.

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Dissertations / Theses on the topic "Convention on the Law Applicable to Contractual Obligations (1980)"

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Badykov, Mikhail Rashidovich. "Private international law rules of the Russian Civil Code and the European Convention on the Law Applicable to Contractual Obligations : a comparative analysis." Thesis, University of Essex, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.426015.

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CANNADA-BARTOLI, Luigi. "Norme imperative in diritto internazionale privato con particolare riferimento all'art.7 della Convenzione di Roma." Doctoral thesis, 2001. http://hdl.handle.net/1814/4587.

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Books on the topic "Convention on the Law Applicable to Contractual Obligations (1980)"

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Bonomi, Andrea. Le norme imperative nel diritto internazionale privato: Considerazioni sulla Convenzione europea sulla legge applicabile alle obbligazioni contrattuali del 19 giugno 1980 nonché sulle leggi italiana e svizzera di diritto internazionale privato. Zürich: Schulthess, 1998.

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Kaye, Peter. The new private international law of contract of the European Community: Implementation of the EEC's Contractual Obligations Convention in England and Wales under the Contracts (Applicable Law) Act 1990. Aldershot: Dartmouth, 1993.

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Affairs, Great Britain Parliament House of Commons Secretary of State for Foreign and Commonwealth. First Protocol on the interpretation by the Court of Justice of the European Communities of the convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980, Brussels, 19 December 1988. London: Stationery Office, 2004.

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Affairs, Great Britain Parliament House of Commons Secretary of State for Foreign and Commonwealth. Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Convention on the Law applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980, and to the first and second protocols, on its interpretation by the Court of Justice, Brussels, 29 November 1996. London: Stationery Office, 2002.

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Rome Convention-Rome I Regulation: Commentary : new EU conflict-of-laws rules for contractual obligations. Huntington, N.Y: Juris, 2010.

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Kassis, Antoine. Le nouveau droit européen des contrats internationaux. Paris: Libr. générale de droit et de jurisprudence, 1993.

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The European contracts convention: The Rome Convention on the Choice of Law for Contracts. London: Sweet & Maxwell, 1991.

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Villani, Ugo. La Convenzione di Roma sulla legge applicabile ai contratti. Bari: Cacucci, 1997.

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Geč-Korošec, Miroslava. Rimska konvencija Evropske unije o uporabi prava pri pogodbenih obligacijskih razmerjih in njen pomen za republiko Slovenijo: Splošni del. Maribor: Univerza v Mariboru, Pravna fakulteta, 1994.

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Giorgio, Sacerdoti, Frigo Manlio, and Università degli studi di Bergamo. Dipartimento di scienze giuridiche., eds. La Convenzione di Roma sul diritto applicabile ai contratti internazionali. Milano: A. Giuffrè, 1993.

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Book chapters on the topic "Convention on the Law Applicable to Contractual Obligations (1980)"

1

Kessedjian, Catherine. "La Convention de Rome du 19 juin 1980 sur la loi applicable aux obligations contractuelles — Vingt ans après." In Private Law in the International Arena, 329–40. The Hague: T.M.C. Asser Press, 2000. http://dx.doi.org/10.1007/978-90-6704-575-9_20.

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"EEC Convention on Law Applicable to Contractual Obligations,Rome,1980." In International Trade Law Statutes and Conventions 2011-2013, 435. Routledge, 2013. http://dx.doi.org/10.4324/9780203722886-65.

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Colin, Edelman, and Burns Andrew. "7 Applicable Law and Jurisdiction." In The Law of Reinsurance. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198870937.003.0007.

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This chapter explores the law applicable to reinsurance. Section 2(1) of the Contracts (Applicable Law) Act 1990 provides for the incorporation of the 1980 Rome Convention on the law applicable to contractual obligations into the law of the United Kingdom. Article 1(4) of the Convention expressly provides that reinsurance contracts, unlike contracts of insurance, are subject to the rules of the Convention. However, the Convention does not have retrospective effect and therefore only applies to contracts entered into after April of 1991 when the Convention came into force. For a contract concluded before that date, the determination of its proper law depended and still depends on common law principles. At common law, the starting point is to investigate whether the parties have expressly selected a body of law at the time of contracting or whether such selection can be implied from the express terms of the contract. If the court is unable to ascertain the governing law from the contract it will then look to determine with which system of law the contract has the closest connection.

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"EEC CONVENTION ON LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS, ROME, 1980." In Statutes on International Trade 3/e, 548. Routledge-Cavendish, 1999. http://dx.doi.org/10.4324/9781843143024-158.

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Nelson, Enonchong. "Part I Legal and Practical Challenges to Traditional Trade Finance, 7 Letters of Credit and Stop Payment Orders Made in the Issuer’s Country." In Trade Finance. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198854470.003.0007.

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This chapter offers a critical examination of the significant, but largely unexplored, question whether, and to what extent, a foreign order restraining the issuing bank from making payment under a letter of credit can afford the issuing bank a good defence to a claim in a court outside that bank’s home jurisdiction. At common law, in England as well as in other jurisdictions, such as Hong Kong, Singapore and the US, such orders have only limited effect in the forum. This chapter argues that the approach of the English courts to article 4 of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations meant that such orders could defeat a claim against the issuing bank in England only in very narrow circumstances. It goes on to examine the extent to which the changes introduced in article 4 of the Rome I Regulation of 17 June 2008 on the law applicable to contractual obligations have altered the position under English law, so that stop payment orders made in the issuer’s home jurisdiction may now have a much wider reach in England. The chapter contends that notwithstanding the amendments to article 4, in the specific context of letters of credit, the approach of the English courts under the Rome I Regulation is likely to be broadly similar to that under the Rome Convention. The Rome I Regulation has not (even unintentionally) opened the door to stop payment orders made in the issuer’s home jurisdiction.

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Andrew, Dickinson. "Part 2 National and Regional Reports, Part 2.4 Europe: Coordinated by Thomas Kadner Graziano, 51 United Kingdom: United Kingdom Perspectives on the Hague Principles: Beyond the European Union." In Choice of Law in International Commercial Contracts. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198840107.003.0051.

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This chapter highlights United Kingdom perspectives on the Hague Principles. On 31 January 2020, the UK ceased to be a member of the EU. Under the terms of the Withdrawal Agreement concluded between the UK and the EU, the UK will apply the Rome I Regulation to contracts concluded before the end of the transition period. The UK has taken a policy decision to continue to apply the Rome I Regulation to determine the law applicable to contractual obligations with respect to contracts concluded after the end of the transition period, and has adopted legislation to achieve that end. Following the ‘IP completion day’, UK courts will have no power to refer questions of law to the EU’s Court of Justice (CJEU) and will not be bound by decisions of the CJEU made after that date, although they ‘may have regard to’ such decisions. In the absence of a significant existing body of CJEU case law concerning the Rome I Regulation and its predecessor, the 1980 Rome Convention on the law applicable to contractual obligations, UK courts will seek guidance from the existing body of local case law, which will continue to bind them in accordance with common law rules of precedent. In this enterprise, the Hague Principles, as an instrument adopted by the members of a well-respected international legal organization of which the UK is a long-standing member, may prove to be an influential tool, especially when addressing novel questions.

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Dmytro, Vorobey. "Part 2 National and Regional Reports, Part 2.4 Europe: Coordinated by Thomas Kadner Graziano, 50 Ukraine: Ukrainian Perspectives on the Hague Principles." In Choice of Law in International Commercial Contracts. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198840107.003.0050.

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This chapter studies Ukrainian perspectives on the Hague Principles. Ukrainian private international law act, or formally the ‘Law of Ukraine “On Private International Law” ’ (PIL), was adopted on June 23, 2005. As per the Preamble to the PIL, it applies to ‘private [legal] relationships which are connected to one or more legal orders other than the Ukrainian legal order’. According to Article 2 of the PIL, it applies to matters of choice of law, procedural standing of foreign citizens, stateless persons and foreign legal entities, jurisdiction of Ukrainian courts in cases involving foreign parties, execution of letters rogatory, and recognition and enforcement of foreign court judgements in Ukraine. The Ukrainian private international law and specifically the PIL were influenced by the 1980 Rome Convention on the Law Applicable to Contractual Obligations. Although, considering the relative novelty of the Hague Principles, the authority of the courts to refer to the Hague Principles has not been addressed by the higher Ukrainian courts, the courts have frequently referred to the international codifications of contract law such as the UNIDROIT Principles of International Commercial Contracts.

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"No. 28023. Convention on the law applicable to contractual obligations. Concluded at Rome on 19 June 1980." In United Nations Treaty Series, 458. UN, 1998. http://dx.doi.org/10.18356/8c1b580c-en-fr.

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Neels, Jan L., and Eesa A. Fredericks. "Covid-19 regulations as overriding mandatory provisions in private international law." In The Impact of Covid-19 on the Future of Law, 1–25. UJ Press, 2022. http://dx.doi.org/10.36615/9781776405657-01.

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This contribution provides a comparative study of the position of overriding mandatory rules in regional, supranational and international conflicts instruments, in particular the Rome I Regulation on the Law Applicable to Contractual Obligations (2008) and the proposed African Principles on the Law Applicable to International Commercial Contracts (2020). COVID-19 regulations are referred to as an unequivocal example of overriding mandatory provisions in the context of the disruption of international commerce. The application of the proper law of the contract, the lex fori and the law of the country of performance, as well as the application of the legal systems of other countries are considered. Although strongly influenced by the corresponding provision in the Rome I Regulation, it is suggested that article 11 of the African Principles provides more clarity. The African Principles constitute the sole instrument which explicitly mentions that the overriding mandatory rules of the proper law of the contract are applicable in principle. The African Principles clarify that, for the purposes of the application of the law of the country of performance, any substantial performance under the contract is relevant (that is, both the characteristic and the monetary performance). The African Principles expressly include the country of commencement, continuation and completion of the performance in determining the content of the notion of the law of the country of performance. In respect of the application of the overriding mandatory rules of legal systems other than the lex fori, the proper law and the law of the country of performance, the African Principles reflect a via media between the opposing positions in the Rome I Regulation and its predecessor, the Rome Convention on the Law Applicable to Contractual Obligations (1980): in exceptional circumstances, the overriding mandatory rules of another legal system may be applied, provided that such law has a manifestly close connection to the particular situation. As the doctrine of overriding mandatory rules can be better explained from a unilateralist rather than a Savignian conflicts paradigm, it is argued that American-style comparative interest or impairment analysis could provide valuable ideas in respect of the exercise of the discretion of a court in cases of the cumulation of overriding mandatory rules. Finally, the submission is made that the law applicable to the contract should govern the effect of an overriding mandatory rule on contractual liability, unless the provision itself stipulates the consequences.

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"No. 28024. Convention on tbe accession of tbe Hellenic Republic to the Convention on the law applicable to contractual obligations. Concluded at Luxembourg on 10 April 1984." In United Nations Treaty Series, 450. UN, 1999. http://dx.doi.org/10.18356/d9541acf-en-fr.

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