- Elgar European Law series
Chapter 12: The proper law of a contract
In litigation relating to contracts, choice of the applicable substantive law is now regulated by EC Regulation 593/2008 on the Law Applicable to Contractual Obligations, which is usually referred to as the Rome I Regulation. The Regulation became applicable on 17th December 2009 in the first 27 Member States other than Denmark, and on 1st July 2013 in Croatia. It applies to contracts concluded after 17th December 2009; except that in Croatia it probably applies to contracts concluded after 1st July 2013. It does not apply in Denmark. By Article 24(1), the Regulation has replaced the EC Convention, opened for signature at Rome on 19th June 1980, on the Law Applicable to Contractual Obligations, which may conveniently be referred to as the Rome Convention 1980. The Convention had entered into force in the first 27 Member States (including Denmark). By Article 17, the Convention does not apply to contracts concluded before its commencement date for the forum State. The Convention remains applicable to contracts concluded before 17th December 2009. It also remains fully applicable in Denmark and in the French overseas territories. The Commission Proposal of 15th December 2005, which led to the adoption of the Rome I Regulation, envisaged substantial changes to the rules established by the Rome Convention 1980, but these changes were largely eliminated by the amendments adopted by the Parliament and accepted by the Council. Thus the Regulation as adopted closely resembles the Convention.
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