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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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The Rome I Regulation on the Law Applicable to Contractual Obligations

ISBN13: 9780199654635
Published: March 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £225.00

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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. The Rome I Regulation has been described by the European Commission as 'a central element of the Community acquis in the area of civil justice'.

This book is the most comprehensive work on the development of the Rome I Regulation that studies in detail the historical background, the legislative development and the teleological purpose of the Regulation. Beginning with the work that led up to the 1972 Draft Convention and the much neglected original French rapporteur's commentary, the author traces developments in the text through the 1980 Convention, highlights the legislative developments that began with the 2003 Green Paper, the Commission's 2005 Proposal and the subsequent negotiations that took place in the European Council and European Parliament that led to the final text of the Rome I Regulation itself. Particular emphasis is placed on highlighting the legislative intent reflected in the changes to the text of the draft Regulation that were made by the Civil Law Committee (Rome I) of the Council.

The book marks out the borderline between the Rome I and Rome II Regulations, and considers in detail the application of the conflict-of-law rules in the Rome I Regulation to the specifically protected contracts such as consumer, insurance, carriage of passengers and individual employment contracts. It provides a primary source of reference for all readers involved in the practical interpretation of the Rome I Regulation, or who are interested in choice of law issues arising in international commercial contractual disputes.

Contract Law, Conflict of Laws
1. From Rome to Rome: the Treaty of Rome, the Rome Convention and the Rome I Regulation
2. The Material Scope of the Rome I Regulation: Article 1 (1)
3. Excluded Matters: Article 1(2)
4. Relationships: The relationship with EU Law, the Rome Convention and International Conventions.
5. Temporal and Territorial Scope
6. Interpreting the Rome I Regulation
7. Core concepts I: Law (Articles 2, 20, 22, and Recitals 13-14).
8. Core Concepts II: Habitual Residence (Article 19)
9. Freedom of Choice: Article 3
10. Applicable law in the absence of choice: Article 4.
11. Contracts of Carriage: Article 5
12. Consumer Contracts: Article 6
13. Insurance Contracts: Article 7
14. Individual employment contracts: Article 8.
15. Assignment and subrogation: Articles 14 and 15.
16. Multiple Liability: Article 16
17. Set-Off: Article 17
18. Consent, material and formal validity and incapacity: Articles 10-11, 13.
19. Presumptions of Law, Burden of Proof and Mode of Proof: Article 18.
20. The scope of the applicable law: Article 12
21. Evidence and Procedure: Article 1(3)
22. Overriding mandatory provisions and the public policy of the forum: Articles 9 and 21.
23. Coda