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8 Evidence and Procedure, Presumptions of Law, Burden and Mode of Proof

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 Article 1(3) and Article 18 of the Rome I Regulation. These articles are key markers of the boundary between the role allocated to the applicable law selected under the Regulation (the lex contractus) and the rules of the forum court (the lex fori). These provisions are substantively identical to Articles 1(2)(h) and 14 of the Rome Convention, and represent the same compromise reached between the civil and common law systems during negotiations in the 1970s over where the line should be drawn between matters of substance and those of procedure and evidence.

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