The Convention provides certain presumptions that apply to assist in the determination of the applicable law.\u00a0 \u00a0It is presumed that the contract is most closely connected with a country where the party who he is to effect the performance which is characteristic of the contract has, at the time of conclusion of the dispute, his habitual residence or, in the case of a body cooperate or incorporate, its central administration. The concept of the characteristic performance is not defined.<\/p>\n
The purpose of this first presumption is to focus on a single aspect rather than multiple features, which may have a less predictable result. Where the contract is for the sale of goods, the characteristic performance is generally where they are delivered.<\/p>\n
Where it is for the provision of a service, it is generally where the service is to be provided.\u00a0 In the case of a guarantee, it is said that the characteristic performance is the payment of the money.\u00a0 The concept runs into difficulty in the case of a contract where each side has obligations which do not have a close relationship with the governing law.<\/p>\n
The Working Group on the Convention say that the payment of money is not usually the essence of the obligation.\u00a0 It can, in some cases, be the characteristic performance but not generally.\u00a0 This favours the seller over the buyer, who may be a larger-scale organisation.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Choice of Contract The Rome Convention and Rome I Regulation relate to the law applicable to a contract.\u00a0 The basic principle is that the choice of law expressed by the parties is respected.\u00a0 If it is not expressed, the Convention defines the applicable law. The Convention applies the domestic law of the jurisdiction chosen.\u00a0 It […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[153,154],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10123"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=10123"}],"version-history":[{"count":4,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10123\/revisions"}],"predecessor-version":[{"id":32503,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10123\/revisions\/32503"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=10123"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=10123"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=10123"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}