Essay on the Rome Convention on the law applicable to contractual obligations

Type :

Presentation

Pages :

13 pages

Format :

.doc

Published date :

01/15/2009

Category :

Law & contracts

Sub category :

International law

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Summary :

Introduction.
The scope of the convention.
The core of the convention.
1. The law is chosen by the parties.
2. Implied terms.
3. Absence of choice of the parties: Art 4, its new concept, and its criticisms.
4. The characteristic peformance.
5. When the basic presumption cannot apply.
6. Special provisions for special contracts.
7. Mandatory rules.
8. Material and formal validity: Articles 8 and 9 of the Convention.
Conclusion.
Bibliography.

Abstract

The rome convention on the law applicable to contractual obligations "applies to contractual obligations in any situation involving a choice between the laws of different countries." The scope of the convention is therefore clear; its aim is to regulate contractual relations between parties from different countries. The rome convention was drawn up by the Member States of the EEC in1980; their aim was to ensure the application of a common law of contract in the case of an international dispute. There was a need of uniform choice of law rules which would governed both the Member States' relations inter se and relations with non-community countries. This need for uniformity was felt to be necessary as well in order to avoid existing divergencies becoming more marked because of reforms likely to be introduced in the internal law of some Member States. The need of an harmonisation is even more justified as there is a growth of private law relationships across frontiers. The convention provides a list of rules to avoid any conflict of laws in international contracts. Its ratification is reserved to Member States of the EEC; but the convention is 'worldwide in effect' . This means that "it will replace the contract choice of law rules in the Member State in which it is implemented not just for cases with an EEC connection (...) but whenever a choice of law arises."