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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

copy @ Lex Mercatoria

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

Title II - Uniform Rules

Article 4 - Applicable law in the absence of choice

1. To the extent that the law applicable to the contract has not been chosen in accordance with article 3, the contract shall be governed by the law of the country with which it is most closely connected. Nevertheless, a severable part of the contract which has a closer connection with another country may by way of exception be governed by the law of that other country.

2. Subject to the provisions of paragraph 5 of this Article, it shall be presumed that the contract is most closely connected with the country where the party who is to effect the performance which is characteristic of the contract has, at the time of conclusion of the contract, his habitual residence, or, in the case of a body corporate or unincorporate, its central administration. However, if the contract is entered into in the course of that party's trade or profession, that country shall be the country in which the principal place of business is situated or, where under the terms of the contract the performance is to be effected through a place of business other than the principal place of business, the country in which that other place of business is situated.

3. Notwithstanding the provisions of paragraph 2 of this Article, to the extent that the subject matter of the contract is a right in immovable property or a right to use immovable property it shall be presumed that the contract is most closely connected with the country where the immovable property is situated.

4. A contract for the carriage of goods shall not be subject to the presumption in paragraph 2. In such a contract if the country in which, at the time the contract is concluded, the carrier has his principal place of business is also the country in which the place of loading or the place of discharge or the principal place of business of the consignor is situated, it shall be presumed that the contract is most closely connected with that country. In applying this paragraph single voyage charter-parties and other contracts the main purpose of which is the carriage of goods shall be treated as contracts for the carriage of goods.

5. Paragraph 2 shall not apply if the characteristic performance cannot be determined, and the presumptions in paragraphs 2, 3 and 4 shall be disregarded if it appears from the circumstances as a whole that the contract is more closely connected with another country.


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