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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 9 - Formal validity

1. A contract concluded between persons who are in the same country is formally valid if it satisfies the formal requirements of the law which governs it under this Convention or of the law of the country where it is concluded.

2. A contract concluded between persons who are in different countries is formally valid if it satisfies the formal requirements of the law which governs it under this Convention or of the law of one of those countries.

3. Where a contract is concluded by an agent, the country in which the agent acts is the relevant country for the purposes of paragraphs 1 and 2.

4. An act intended to have legal effect relating to an existing or contemplated contract is formally valid if it satisfies the formal requirements of the law which under this Convention governs or would govern the contract or of the law of the country where the act was done.

5. The provisions of the preceding paragraphs shall not apply to a contract to which Article 5 applies, concluded in the circumstances described in paragraph 2 of Article 5. The formal validity of such a contract is governed by the law of the country in which the consumer has his habitual residence.

6. Notwithstanding paragraphs 1 to 4 of this Article, a contract the subject matter of which is a right in immovable property or a right to use immovable property shall be subject to the mandatory requirements of form of the law of the country where the property is situated if by that law those requirements are imposed irrespective of the country where the contract is concluded and irrespective of the law governing the contract.


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Lex Mercatoria