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4 The ‘Applicable Law’

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: 25 January 2022

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

The Rome I Regulation contains rules that specify the ‘applicable law’ for determining the rights and duties of parties to the majority of contractual obligations in civil and commercial matters in situations that involve a conflict of laws. Only the law of ‘a country’ can qualify as an ‘applicable law’ to be applied under any provisions of the Rome I Regulation. This chapter discusses provisions for states with more than one legal system; universal application; the exclusion of renvoi; the use of non-state law; Recitals (13) and (14) to the Regulation; and practical consequences of excluding non-state law.

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