Convention De Rome Loi Applicable Aux Obligations Contractuelles

December 26, 2021 - By 

The Convention de Rome loi applicable aux obligations contractuelles, also known as the Rome Convention, is an important legal document that governs international business transactions. It sets out the rules for determining which country’s domestic law applies to a contract, in cases where the contract involves parties from different countries.

The Convention was signed in 1980 and came into effect in 1991. It has been ratified by most European countries, as well as a number of other countries around the world. Its primary goal is to provide clarity and consistency in international contract law, thereby reducing the risk of disputes and legal uncertainty.

Under the Rome Convention, the first step in determining the applicable law is to identify the country with which the contract has its closest connection. This is done by looking at a number of factors, including the place of performance of the contract, the place where the contract was concluded, and the nationality or place of residence of the parties.

Once the country with the closest connection has been identified, the Rome Convention sets out a series of rules for determining which specific aspects of that country’s law apply to the contract. For example, the Convention might specify that a particular aspect of the contract, such as the validity of a particular clause, should be determined according to the law of the country where the party asserting that clause is domiciled.

One important aspect of the Convention is that it provides for the freedom of the parties to choose the law that will govern their contract. This means that if the parties have agreed in advance on the applicable law, that law will generally be followed, provided that it is not contrary to the mandatory provisions of the law of the country with the closest connection.

Overall, the Convention de Rome loi applicable aux obligations contractuelles is an important tool for businesses engaging in international transactions. By providing clear and consistent rules for determining the applicable law, it helps to reduce legal uncertainty and promote the smooth functioning of international trade. As such, it is a key document for anyone involved in cross-border business, and should be carefully considered in all relevant contracts.

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