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The Rome I Regulation on the Law Applicable to Contractual Obligations

The Rome I Regulation on the Law Applicable to Contractual Obligations

Author: Michael McParland
Publisher: Oxford University Press
ISBN: 9780199654635
Published In: March 2015
Format: Hardback , 976 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

The only book to focus on the historical background, legislative development and teleological purpose of the Rome I Regulation
Includes detailed chronological appendices, cross-referencing the legislative development of the Regulation with the negotiations in the Council and European Parliament
Explains the Rome I Regulation through detailed commentary on each article covering the topics thematically
Highlights areas likely to result in disputes
Includes the Rome I Regulation, the 1980 Rome Convention, and the 1972 Draft Convention as Appendices

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.

Readership: Commercial and business law practitioners throughout Europe who are involved in all aspects of cross-border contracts, from drafting and advisory work through to litigation, as well as scholars interested in the key choice-of-law rules of private international law.

1: All Roads Lead to Rome
2: Application & Relationships
3: Classification & Interpretation
4: The Applicable Law
5: Habitual Residence
6: Contractual Obligations: Art. 1 (1)
7: Specific Exclusions: Art. 1 (2)
8: Evidence & Procedure, Presumptions of Law, Burden and Mode of Proof: Art. 1 (3), 18
9: Freedom of Choice: Art. 3
10: Applicable Law in the Absense of Choice: Art. 4
11: Contracts of Carriage: Art. 5
12: Consumer Contracts: Art. 6
13: Insurance Contracts: Art. 7
14: Individual Employment Contracts: Art. 8
15: Overriding Mandatory Provisions and Public Policy: Art. 9 & 21
16: Consent, material and formal validity, incapacity: Art. 10,11 & 13
17: Scope of the law applicable: Art. 12
18: Assignment & Subrogation: Art. 14 & 15
19: Multiple Liability: Art. 16
20: Set-off: Art. 17
21: Coda
Appendices
A. Rome I Regulation
B. Article 25 Declarations
C. Legislative Chronology
1972 Draft Convention: D.
E. Rome Convention 1980

Michael McParland is a Barrister and Attorney at Law based at Quadrant Chambers in London. Michael has a wide-ranging practice in civil, commercial, and business advocacy and advice, representing UK and international clients in litigation and arbitration, both in England and Wales and overseas.