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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

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 II - Uniform Rules

Article 5 - Certain consumer contracts

1. This Article applies to a contract the object of which is the supply of goods or services to a person ("the consumer") for a purpose which can be regarded as being outside his trade or profession, or a contract for the provision of credit for that object.

2. Notwithstanding the provisions of Article 3, a choice of law made by the parties shall not have the result of depriving the consumer of the protection afforded to him by the mandatory rules of the law of the country in which he has his habitual residence:

- if in that country the conclusion of the contract was preceded by a specific invitation addressed to him or by advertising, and he had taken in that country all the steps necessary on his part for the conclusion of the contract, or

- if the other party or his agent received the consumer's order in that country, or

- if the contract is for the sale of goods and the consumer travelled from that country to another country and there gave his order, provided that the consumer's journey was arranged by the seller for the purpose of inducing the consumer to buy.

3. Notwithstanding the provisions of Article 4, a contract to which this Article applies shall, in the absence of choice in accordance with Article 3, be governed by the law of the country in which the consumer has his habitual residence if it is entered into in the circumstances described in paragraph 2 of this Article.

4. This Article shall not apply to:

(a) a contract of carriage;

(b) a contract for the supply of services where the services are to be supplied to the consumer exclusively in a country other than that in which he has his habitual residence.

5. Notwithstanding the provisions of paragraph 4, this Article shall apply to a contract which, for an inclusive price, provides for a combination of travel and accommodation.


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