Chapter 13: Protected contracts
INTRODUCTION With a view to protecting weaker parties, special choice-of-law rules are laid down for certain types of contract by Articles 5–8 of the Rome I Regulation.1 Article 5(2)–(3) applies to contracts for the carriage of passengers;2 Article 6 applies to certain consumer contracts;3 Article 7 deals with insurance contracts;4 and Article 8 applies to individual employment contracts.5 These provisions will be examined in this chapter. CONSUMER CONTRACTS Scope Article 6 of the Rome I Regulation lays down special conflict rules for certain consumer contracts which satisfy an elaborate definition containing both substantive and territorial elements. The definition in many respects resembles that used in Article 15 of the Brussels I Regulation.6 It departs substantially from that used in Article 5 of the Rome Convention, which accorded in many respects with that used in Article 13 of the Brussels Convention.7 The contracts which fall within the scope of Article 6 of the Rome I Regulation may conveniently be referred to as protected consumer contracts. As regards substantive elements, Article 6(1) refers to ‘a contract concluded by a natural person for a purpose which can be regarded as being outside his trade or profession (the consumer) with another person acting in the exercise of his trade or profession (the professional)’. This contrasts with the reference in Article 5(1) of the Rome Convention 1980 to ‘a contract the object of which is the supply of goods or services to a person (‘the consumer’)...
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