*** Welcome to piglix ***

Rome Convention (contract)

Rome convention
Convention on the Law Applicable to Contractual Obligations
{{{image_alt}}}
States applying Rome instruments
  Rome I Regulation, Rome Convention
  Rome Convention
Signed 19 June 1980
Location Rome
Effective 1 April 1991
Condition 7 ratifications
Parties all Member States of the European Union
Depositary Director-General of the Council of the European Communities
Languages Danish, Dutch, German, English, French, Irish and Italian (original)

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. The convention determines which law should be used, but does not harmonise the substance (the actual law). It was signed in Rome, Italy on 19 June 1980 and entered into force in 1991.

It has now been replaced by the Rome I Regulation (593/2008) except for in Denmark, which has an opt-out from implementing regulations under the area of freedom, security and justice, and the Overseas countries and territories of European Union member states. In that respect, the convention is applicable in Aruba, the Caribbean Netherlands, Curaçao, Sint Maarten (Kingdom of the Netherlands), Faroer (Denmark), Saint-Pierre and Miquelon, Saint Barthélemy, French Polynesia, Wallis and Futuna and New Caledonia (France).

Under Article 1, the Convention's rules are to apply to all choice of law issues involving contractual obligations and, under Article 10, once selected, the lex causae will govern:

Article 15 excludes the operation of renvoi. In addition, a number of issues with a separate characterisation are excluded, namely:

Article 3 states the general rule that the parties to a contract have freedom of choice over the applicable law. To exercise this choice either express words may be used or the intention should be demonstrated with reasonable certainty by the terms of the contract or the circumstances of the case.

The law chosen may apply to the whole or only a part of the contract, and the choice is not irrevocable. The parties can at any time agree to change the applicable law and any such variation will not prejudice the formal validity of the agreement nor adversely affect the rights of third parties.


...
Wikipedia

...