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10 The Applicable Law in the Absence of Choice

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, 2022. All Rights Reserved.date: 28 January 2022

This chapter explains Article 4 of the Rome I Regulation. If the parties to a cross-border contract have not exercised their right to choose the law that governs their contract, then a ‘choice’ of law has to be made for them. Article 4 attempts to provide rules that, for most contracts, are intended to enable this selection to be made on a uniformly predictable basis. Because of its role, Article 4 has been described as ‘the most important provision in the whole Regulation’.

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