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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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The New Private International Law of Contract of the EEC

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Peter KayeReader in Law and Director of the Centre of European Law and Practice, University of East Anglia

ISBN13: 9781855212763
ISBN: 1855212765
Published: October 1993
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: Out of print

As from 1st April 1991, English courts, along with those of the rest of the United Kingdom and member states of the European Community, are obliged to apply the rules laid down in the EEC's Rome Convention on the Law Applicable to contractual obligations, in respect of international contracts concluded after that date. In the United Kingdom, the Convention is given the force of law by the Contracts (Applicable Law) Act 1990. It is likely that at some time in the not too distant future, national appellate courts of the contracting States will have the power to refer questions of interpretation of the Convention to the European court of Justice in Luxembourg.

The book sets out to explain and to construe the new uniform system of rules governing laws applicable to international contracts, in the light of the preexisting English private international law of contract, which itself continues to apply in relation to certain types of transactions.

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Part 1 Pre-existing national English private international rules of contract.
Part 2 General impact of EECs contractual obligations convention.
Part 3 Commentary on individual provisions of the 1990 Act and convention; contracts (applicable law) Act 1990; preamble; article 1 - scope of the convention; article 2 - university application of the convention; article 3 - agreement on choice of law; article 4 - applicable law in absence of choice; article 5 - consumer contracts; article 6 - individual employment contracts; article 7 - mandatory rules of contract law; article 8 - material validity of contracts; article 9 - formal validity of contract; article 10 - scope of applicable law; article 11 - contractual incapacity; article 12 - voluntary assignment of rights; article 13 subrogation to contractual rights; article 14 - presumptions, burden and modes of proofs; article 15 - inapplicability of ""Renvoi""; article 16 ""Ordre Public"" exception to applicable law; article 17 - no retrospective effect of convention; article 18 - uniform interpretation of convention; article 19 - application of conventnion to and in composite states; article 20 - precedence of community law over convention; article 21 - precedence of other international conventions over convention; article 22 - reservations to full application of convention; article 23 - precedence and procedure for new national choice of law rules; article 24 - procedure for new multilateral conflicts conventions; article 25 - procedure in respect of certain international agreements; article 26 - revision of convention; article 27 - extensions of convention to European territories of contracting states; article 28 - ratification of convention; article 29 - entry into force of convention; article 30 - duration of convention; article 31 - notifications in respect of the convention; article 32 - integration of annexed protocol; article 33 - authentic texts of the convention; annexed protocol; schedule 2 1990 Act; the Luxembourg convention on Greek accession; schedule 3 1990 Act - the Brussels interpretation protocol; schedule 4 1990 Act - revisions to other enactments.
Part 4 Comparison of convention and pre-existing English private international rules of contract.
Part 5 Conclusions. Appendices: the contracts (Applicable Law) Act 1990; some authentic foreign texts of the Rome contracts convention.