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7 Contractual Obligations

From: Private International Law in English Courts

Adrian Briggs

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 20 September 2021

Subject(s):
Contractual obligations and freedom of choice — Consumer contracts — Assignment and subrogation of contract — Contracts of carriage — Employment contracts — Validity of contract — Specific exclusions — Mandatory provisions and public policy — Rome I Regulation and choice of law — Contract — Scope of applicable law — Scope of the law applicable under the Rome II Regulation — Applicable law to non-contractual obligations — Jurisdiction under the Brussels I Regulation — Jurisdiction under the Brussels II Regulation — Burden of proof
7.01 The rules which determine the law applicable to obligations arising in civil and commercial matters are set out in two European Regulations: for contractual obligations in civil and commercial matters, the Rome I Regulation;1 for non-contractual obligations in civil and commercial matters, the Rome II Regulation.2 The Rome I Regulation forms the mainstay of this chapter. The rules for determining the choice of law rules for contracts (and for contractual issues) which do not fall within the scope—this defined in terms of time and subject matter—of the Rome I...
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