Jump to Content Jump to Main Navigation

3 Classification and Interpretation

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 discusses classification and interpretation of the Rome I Regulation. Topics covered include classification of obligations; interpretation of the Rome I Regulation; literal or textual interpretation in a multi-lingual union; the role of the 46 Recitals in the preamble to the Regulation in determining the context, scheme, objectives, and purpose of the Rome I Regulation; the general objective of legal certainty; the willingness of the Court of Justice of the European Union (CJEU) to consider publically available preparatory legislative materials (travaux préparatoires) in interpreting the legislative development of both primary and secondary Union law; and the CJEU's case law.

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.