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6 Contractual Obligations

Adrian Briggs

From: Private International Law in English Courts 2e (2nd Edition)

Prof Adrian Briggs

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 15 April 2024

Choice of law clauses — Rome Convention — Rome I Regulation and choice of law — Contractual obligations — Mandatory provisions and public policy — Specific exclusions — Validity of contract

This chapter deals with the conflict of laws rules for contractual obligations and for issues associated with contractual obligations. It traces the development of the law from the common law doctrine of the proper law of the contract, with its strengths and weaknesses, via the 1980 Rome Convention, to the law established by the retained EU Regulation, known as Rome I, for non-contractual obligations in civil and commercial matters. It assesses the definitional complexity of ‘contractual obligation’ as a term of art in a retained EU Regulation and considers its relationship with non-contractual obligations and with questions of title to property. It examines the conflicts rules established by the Rome I Regulation for contracts in general and for contracts concluded in specific circumstances, the issues to which the lex contractus does apply, and the circumstances in which the lex contractus may be overridden by laws from systems which do not govern the contract in question. It concludes by dealing with issues, and with contracts, to which the Rome I Regulation does not purport to identify the applicable law.

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