Companies and corporations subsist by the law of the state in which they are incorporated. With exceptions, most aspects of the law relating to companies and their operations are excluded from the EU Regulations. Some aspects of corporates are subject to the EU Regulations. Apart from theses cases, common law applies. The common law conflict of law rules applicable to corporations look to and follow […]
Backgound The Choice of Court Convention was concluded under the auspices of the Hague Conference on Private International Law on 30 June 2005. The convention was signed by the EU in 2009. Parties to the convention include EU countries as well as countries outside the EU. The EU’s internal rules on recognition and enforcement of judgments in civil and commercial cases (Regulation (EU) No 1215/2012) […]
The Rome II Regulation applies after 11 January 2009. Where the events giving rise to damage occurred both before and after that date, difficulties of interpretation may apply. In the case of product liability, the European courts have held that the event giving rise to damage is the manufacture rather than the later sale or use of the product. Rome II applies to noncontractual obligations […]
The Rome Convention, now the Rome Regulations, supervened common law. The 1980 Rome Convention was updated and replaced by the Rome Regulation. It applies to contractual obligations in civil and commercial matters. A contract is an obligation freely assumed. It applies to contracts made after its commencement date. Rome II covers noncontractual obligations. The Rome I Regulation applies to contracts made after 17 December 2009 […]
Convention on the law applicable to contractual obligations (Rome Convention) Convention 80/934/EEC on the law applicable to contractual obligations opened for signature in Rome on 19 June 1980 The convention establishes uniform rules concerning the law applicable to contractual obligations in the EU.It has applied since 1 January 1991. Scope The convention on the law applicable to contractual obligations was opened for signature in Rome […]
More effective rules on insolvency proceedings across EU borders Regulation (EU) 2015/848 — insolvency proceedings It aims to ensure the efficient administration of insolvency proceedings involving an individual or business with business activities or financial interests in an European Union (EU) country other than the one in which they are usually based. It recasts and replaces Regulation (EC) No 1346/2000. General The regulation sets out […]
Consumer Contracts Consumer contract rules relate to a dispute arising out of a contract. One of the parties must have entered the contract outside his trade or profession. The contract must relate to one of the following: sale of goods or supplies, instalment credit terms, contract for a loan repayable in instalments or other contract to refinance the sale of goods, contract for sale of […]
General Questions about which law is to apply arise where there is an international element. A separate issue to the issue of which Court hears the dispute is the question of which country’s or jurisdiction’s laws apply. For example, there may be a contract by which an Irish trader agrees to sell goods to a German buyer in France. In the case of a claim […]
Protective EU Rules The EU rules on the choice of law seek to protect consumers and employees. These rules override whatever may be contained in a contract. The consumer rules apply where the purpose of the contract is to supply goods or services to a person outside of his or her trade or profession. Mandatory requirements are requirements that are imposed irrespective of the country […]
Overview The conflicts of law rules for tort and other non-contractual matters have now been revised significantly as of January 2009 by European Union Regulation. As with the judgments regulation, the European legislation applies directly in all States and has the direct force of law. Parties have the freedom of choice to submit non-contractual obligations to their chosen law. They may agree on the law […]
Choice In Principle Permitted Parties may submit non-contractual obligations to the law of their choice. That is, they may usually choose which law to apply. This also applies to non-contractual obligations other than those arising from unfair competition or the infringement of intellectual property rights. Conditions are applied in order to protect consumers and weaker parties. Where the agreement is entered after the damage, these […]
The Rome Convention, now the Rome Regulations, supervened common law. The 1980 Rome Convention was updated and replaced by the Rome Regulation. It applies to contractual obligations in civil and commercial matters. A contract is an obligation freely assumed. It applies to contracts made after its commencement date. Rome II covers noncontractual obligations. The Rome Regulation replaced the Rome Convention in 2009. The Rome Convention […]
Overview The Rome Convention and Rome Regulations apply to most contracts. Different rules may apply to different aspects of the contract. Generally, the existence and validity of a contract are decided by the laws which would govern it if it is valid. This can be complicated where there is a choice of law clause. Once the applicable law is determined under the Convention, there are […]
Extent of Applicable Law The general position is that all issues arising under the contract are governed by the applicable law except where otherwise provided under the Convention, such as in the case of material validity and incapacity. Issues of interpretation of the contract are governed in accordance with the law chosen or the law applicable under the Convention when none is chosen. It is […]
Choice of Contract The Rome Convention and Rome I Regulation relate to the law applicable to a contract. The basic principle is that the choice of law expressed by the parties is respected. If it is not expressed, the Convention defines the applicable law. The Convention applies the domestic law of the jurisdiction chosen. It does not apply its conflict of laws rules. The concept […]
Overview Conflicts of law issues may arise where a civil wrong is committed in one jurisdiction, but injury results in another. There is a wide range of civil wrongs ranging from nuisance, defamation and trespass, where liability may be strict, to negligence and to torts requiring intent or recklessness such as fraudulent misrepresentation. Conflict issues may arise in relation to the broad range of liability […]
Rules of the forum Even when foreign law applies, the courts will apply their own procedural law. The rules of the state must distinguish between matters of substance and procedure. Matters of procedural law as opposed to substantive law are governed by the domestic rules. This may lead the procedural domestic rule to apply the foreign law in a way different to that in which […]
Overview There are two broad categories of restitution. In one type of case, the defendant’s claim is based solely on the defendant being unjustly enriched. In other types of case, the claim is is based on unfair enrichment due to a wrong analaogous to a breach of contract or tort. There are different conflicts of law rules depending on the type of interest concerned. Where […]