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16 Consent, Validity, and Incapacity

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

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This chapter explains Articles 10, 11, and 13 of the Rome I Regulation. Article 10 contains two rules that essentially identical to those in Article 8 of the Rome Convention. The only changes are matters of form rather than substance. Article 11 contains rules that select the laws that determine the ‘formal validity’ of contracts and unilateral acts intended to have legal effect relating to a concluded, existing or contemplated contract. Article 13 provides a conflict-of-laws rule limited to one particular circumstance: a claim by a natural person who has concluded a contract in one country, that they lacked capacity under the laws of another country.

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