Topic 5: Rome I regulation 2

The legal system chosen to govern a contract, determined by the Rome I Regulation.

The scope of application of the lex contractus determines which specific areas of the contract are governed by the chosen legal system, as defined by Article 12 of the Rome I Regulation.

The way in which the wording of a contract is interpreted. Legal rules of interpretation help resolve ambiguity and ensure consistency across different legal systems.

The actual fulfillment of a contract's obligations. The law governing the contract dictates how performance is assessed.

The laws governing the interpretation and performance of contracts are crucial because the same sentence can have different legal meanings when interpreted under different legal systems.

Even though the parties choose a non-EU country's law to govern their contract, EU law still applies to certain essential elements.

This article determines the validity of the parties' agreement on choosing the applicable law.

The parties' consent to the chosen law is examined based on factors like where they are located and when the contract was made.

Article 11 establishes two conditions for determining the law applicable to a contract: 1) parties in the same country at the time of contract conclusion, and 2) parties in different countries when the contract is made.

The core principle driving the Rome I Regulation is the freedom of choice, allowing parties to select the law governing their contract.

The law of the country where the court is located, which dictates the procedural rules of the court.

A type of legal remedy where the court orders a party to perform their contractual obligations.

The legal system that applies to the performance of a contract.

A legal principle stating that the law that governs the substance of the contract also governs its formal validity, unless the contract was concluded in a different country where it satisfied the formal requirements of that country's law.

A principle where the existence and validity of a contract are assumed to be valid for the purpose of determining which law governs the contract.

A principle that allows a party to rely on the law of their habitual residence to prove they did not consent to a contract if it would be unreasonable to determine the effect of their conduct based on the law that would otherwise govern the contract.

A contract is considered invalid as if it never existed, with all rights and obligations disappearing.

The period of time within which a legal action can be initiated to protect one's rights.

The legal principle stating that the law that determines the substance of the contract also determines the consequences of its breach, including assessing damages, unless limited by procedural law.

The principle that the death of a debtor generally leads to extinguishment of their contractual obligations.

The principle that the performance of contractual obligations extinguishes those obligations.

The legal principle stating that a contract is invalid if its purpose is illegal, and the party responsible for the illegality cannot recover what they gave to the other party.

The principle that the law of the country where the performance of a contract occurs governs the manner of performance and the steps taken in the event of defective performance.

A contract is formally valid if it meets the requirements of the law governing its substance, the law of the country where any party or their agent is present, or the law of the country where any party had their habitual residence.

A unilateral act with legal effect relating to a contract is formally valid if it satisfies the requirements of the law governing the contract, the law of the country where the act was done, or the law of the country where the person performing the act resided.

The law chosen by the parties governs the contract, including aspects like contract existence, validity of consent, and formal validity.

A contract can be governed by different laws for different parts, allowing for flexibility and tailored regulations.

Parties can agree to change the applicable law of a contract after its conclusion, ensuring adaptability and flexibility.

The choice of law cannot override mandatory provisions of the law of the country where all relevant contract elements are located, ensuring compliance with local regulations.

The chosen governing law cannot override mandatory EU law provisions, reflecting the importance of EU legal framework.

The law governing a contract is typically determined by the parties' choice, reflecting a liberal approach to international contracts.

The regulation aims to ensure the formal validity of international contracts by offering multiple legal systems for validation, promoting the enforceability of such agreements.

The regulation's approach allows parties to select a governing law even outside the EU, acknowledging the global nature of commerce and contracting.

The regulation facilitates the application of foreign laws by EU courts, ensuring consistency and international cooperation in contract disputes.

The regulation promotes the freedom of choice in contract law, allowing parties to tailor their legal framework based on their needs, preferences, and the circumstances of their agreement.

The regulation tries to prevent contractual nullity by offering multiple options for formal validation, lessening the risk of invalidation due to formal requirements.

The regulation ensures the application of mandatory rules, even when parties choose a different governing law, preventing circumvention of essential legal principles.