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6 Material Scope

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: 04 July 2022

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

This chapter explains Article 1(1) of the Rome I Regulation. The article states that Rome I shall apply in situations involving a conflict of laws, to contractual obligations in civil and commercial matters. Rome I only applies to contractual obligations; all non-contractual obligations, not otherwise excluded, are allocated to the rules the Rome II Regulation. The sole purpose of Articles 1(1) in both Rome I and Rome II is to direct the forum court to one or other Regulation to determine the applicable law of the obligations in question. The concept of ‘contractual obligations’ operates as a mere sign-post for choice of law purposes only. If it results in an obligation being classified in a way that differs from a national court's traditional characterisation for either domestic or choice of law purposes, then so be it.

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