Jump to Content Jump to Main Navigation

15 Overriding Mandatory Provisions & Public Policy

From: The Rome I Regulation on the Law Applicable to Contractual Obligations

Michael McParland

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 July 2024

Subject(s):
2c09bf59-41c0-4af3-b762-63601166f1cb — 6de7d0c4-c43c-4a0c-a6cc-03b1864f2625 — 88b20da6-8b42-4113-85e7-8573f0951bf7 — 3b23fdc2-c5f4-4e21-8cbc-816e4a457125

This chapter explains Article 9 and Article 21 of the Rome Regulation I. Both provisions exist primarily to protect the national interests and policies of Member States. They are a necessary counter-balance to the principal of party autonomy. They effectively represent two sides of the same coin, with overriding mandatory rules often involving expressions of public policy. Article 9 is concerned with the positive application of a country's laws that reflect the public interests of the forum state, or, in the limited circumstances, the interests of a third country that the forum state has decided to ‘give effect to’ under Article 9(3). Article 21 involves a ‘negative’ response by the forum to the consequences of an otherwise applicable law.

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.