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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, 2022. All Rights Reserved.date: 08 December 2022

Subject(s):
Choice of law clauses — Rome Convention — Rome I Regulation and choice of law

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.

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