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EC Convention on the Law Applicable to Contractual Obligations (Rome 1980)

[Preamble]

Title I - Scope of the Convention

Article 1 - Scope of the Convention

Article 2 - Application of law of non-contracting States

Title II - Uniform Rules

Article 3 - Freedom of choice

Article 4 - Applicable law in the absence of choice

Article 5 - Certain consumer contracts

Article 6 - Individual employment contracts

Article 7 - Mandatory rules

Article 8 - Material validity

Article 9 - Formal validity

Article 10 - Scope of the applicable law

Article 11 - Incapacity

Article 12 - Voluntary assignment

Article 13 - Subrogation

Article 14 - Burden of proof, etc.

Article 15 - Exclusion of renvoi

Article 16 - "Ordre public"

Article 17 - No retrospective effect

Article 18 - Uniform interpretation

Article 19 - States with more than one legal system

Article 20 - Precedence of Community law

Article 21- Relationship with other conventions

Article 22 - Reservations

Title III - Final Provisions

Article 23

Article 24

Article 25

Article 26

Article 27

Article 28

Article 29

Article 30

Article 31

Article 32

Article 33

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

EC Convention on the Law Applicable to Contractual Obligations (Rome 1980)

European Union

copy @ Lex Mercatoria

EC Convention on the Law Applicable to Contractual Obligations (Rome 1980)

Title I - Scope of the Convention

Article 1 - Scope of the Convention

1. The rules of this Convention shall apply to contractual obligations in any situation involving a choice between the laws of different countries.

2. They shall not apply to:

(a) questions involving the status or legal capacity of natural persons, without prejudice to Article 11;

(b) contractual obligations relating to:

- wills and succession,

- rights in property arising out of a matrimonial relationship,

- rights and duties arising out of a family relationship, parentage, marriage or affinity, including maintenance obligations in respect of children who are not legitimate;

(c) obligations arising under bills of exchange, cheques and promissory notes and other negotiable instruments to the extent that the obligations under such other negotiable instruments arise out of their negotiable character;

(d) arbitration agreements and agreements on the choice of court;

(e) questions governed by the law of companies and other bodies corporate or unincorporate such as the creation, by registration or otherwise, legal capacity, internal organisation or winding up of companies and other bodies corporate or unincorporate and the personal liability of officers and members as such for the obligations of the company or body;

(f) the question whether an agent is able to bind a principal, or an organ to bind a company or body corporate or unincorporate, to a third party;

(g) the constitution of trusts and the relationship between settlors, trustees and beneficiaries;

(h) evidence and procedure, without prejudice to Article 14.

3. The rules of this Convention do not apply to contracts of insurance which cover risks situated in the territories of the Member States of the European Economic Community. In order to determine whether a risk is situated in these territories the court shall apply its internal law.

4. The preceding paragraph does not apply to contracts of re-insurance.


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