Abstract
The applicable law to a contract in the absence of the parties' choice is governed by Article 4 of the Rome Convention, which has been implemented in the UK by the Contracts (Applicable Law) Act 1990. This rule adopts the closest connection principle as a basic principle to decide the applicable law, but also introduces specific presumptions to simplify the process. The current rule has been criticised for its uncertainty. As a result, a substantive change has been provided in the Rome I Regulation, which aims to modernise the current choice of law rules in contractual obligations and convert the Rome Convention into a Council Regulation. The new Article 4 aims to enhance certainty and to overcome the difficulties of the current rules of the Rome Convention. However, a close scrutiny of the new Article 4 shows that it does not properly achieve its aim. The article aims to critically analyse Article 4 of the Rome I Regulation and to provide suggestions for its interpretation and understanding
Original language | English |
---|---|
Pages (from-to) | 785-800 |
Number of pages | 16 |
Journal | Modern Law Review |
Volume | 71 |
Issue number | 5 |
DOIs | |
Publication status | Published - Sept 2008 |
Keywords
- choice of law
- contractual obligations
- Rome I Regulation
- Rome Convention