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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

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Manifest

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

European Union

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

Title II - Uniform Rules

Article 3 - Freedom of choice

1. A contract shall be governed by the law chosen by the parties. The choice must be expressed or demonstrated with reasonable certainty by the terms of the contract or the circumstances of the case. By their choice the parties can select the law applicable to the whole or a part only of the contract.

2. The parties may at any time agree to subject the contract to a law other than that which previously governed it, whether as a result of an earlier choice under this Article or of other provisions of this Convention. Any variation by the parties of the law to be applied made after the conclusion of the contract shall not prejudice its formal validity under Article 9 or adversely affect the rights of third parties.

3. The fact that the parties have chosen a foreign law, whether or not accompanied by the choice of a foreign tribunal, shall not, where all the other elements relevant to the situation at the time of the choice are connected with one country only, prejudice the application of rules of the law of that country which cannot be derogated from by contract, hereinafter called "mandatory rules".

4. The existence and validity of the consent of the parties as to the choice of the applicable law shall be determined in accordance with the provisions of Articles 8, 9 and 11.


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