Publication details
Party Autonomy and its Restrictions according to Rome I Regulation
| Authors | |
|---|---|
| Year of publication | 2009 |
| Type | Article in Proceedings |
| Conference | The Role and Place of Law in a Society Based on Knowledge |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | regulation Rome I - european justice area - art. 3 - choice of law - restriction of choice of law |
| Description | On 17 June 2008, Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Regulation Rome I) was adopted. This regulation was issued having regard to the Treaty establishing the European Union, and in particular Article 65. The application in time of the regulation has been determined under Article 28: This Regulation shall apply to contracts concluded after 17 December 2009. My paper is going to aim at the fundamental pillar of the Regulation Rome I: party autonomy and its restrictions and it is going to be concerned with two areas of issues: restrictions in the autonomy of parties, subject of the choice of law by the parties. Talking about the restrictions in the autonomy of parties, we should emphasize the difference between two situations and particularly between: 1. restriction on the freedom of choice, 2. restriction on the reach of the applicable law as a result of giving effect to international mandatory rules (Article 9 Regulation Rome I) and the reservation of public order (Article 21 Regulation Rome I). The subject-matter of this paper is especially aimed at the issues relating to the restriction on the institute of freedom of choice. The issues covering the restriction on the law applicable will be dealt with only very briefly. |
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