Topic 5: Rome I Regulation 1: Overview and Concept

Contracts create legal obligations, meaning the law will enforce their terms.

The legal system recognizes freedom for individuals to regulate their economic interests through contracts.

The law applicable to a contract is determined by the courts of the jurisdiction where the case is heard.

The Rome I Regulation is an EU law that determines the applicable law for contractual obligations in cross-border situations.

The Rome I Regulation only applies to cases heard in EU courts.

The Rome I Regulation applies to contractual obligations in civil and commercial matters.

Legal expertise is necessary to interpret and apply the Rome I Regulation.

Properly identifying the applicable law is crucial for resolving international contract disputes.

A state where power is concentrated in a central government, with limited or no autonomy for regional units.

A state where power is shared between a central government and regional units, each with their own legal systems.

The rules that dictate which legal system should govern a particular dispute or legal relationship.

Rules that create legal obligations and rights, defining legal relationships between individuals.

Rules that determine how to choose which legal system applies, based on certain linking factors.

The application of a legal system's rules to a specific situation, excluding its rules on international law.

An area where different legal systems meet and interact.

The legal system of a specific country, including both substantive rules and conflictual rules.

A legal system that applies to a specific geographical area within a state, often with its own laws and regulations.

The paradox arises when trying to determine if parties are acting in a private or public capacity within a contract. It's difficult to decide if a relationship is private before identifying the applicable law, which itself might depend on the nature of the relationship.

Under the Rome I Regulation, a contract is considered a civil and commercial matter if it arises from a consensus of the parties and does not involve the exercise of public powers.

The Rome I Regulation does not apply to matters concerning taxes, customs, or administrative decisions. These areas are typically regulated by specific legal frameworks.

In the context of the Rome I Regulation, a public entity can be involved in a private contract. For example, a city council can enter into a contract to purchase a real estate property.

This Regulation does not cover legal issues regarding the personal status or legal capacity of individuals. Such matters are typically regulated by national family laws.

The Rome I Regulation excludes family law matters, including obligations arising from relationships considered similar to marriage by the applicable law. These are handled under specific family law provisions.

The Rome I Regulation does not apply to obligations arising from matrimonial property regimes, property regimes of relationships similar to marriage, or wills and succession. These areas are governed by separate legal frameworks.

The Rome I Regulation excludes obligations arising from negotiable instruments such as bills of exchange or promissory notes. The negotiability of these instruments is determined by separate legal provisions.

Arbitration agreements and agreements on the choice of court are excluded from the scope of the Rome I Regulation. These agreements are governed by separate principles of private international law.

The Rome I Regulation does not apply to questions regarding the law of companies and other legal entities. These are governed by specific legal rules, such as company law.

The Rome I Regulation excludes questions regarding the power of representatives, such as agents or organs of companies, to bind their principals. This is a matter of agency law, not contract law.

The Rome I Regulation does not apply to trusts, including the relationship between the settlor, trustee, and beneficiaries. Trusts have a distinct legal framework.

The Rome I Regulation does not govern obligations that arise before a contract is formed. These are typically dealt with under the law of non-contractual obligations.

The Rome I Regulation excludes certain insurance contracts that provide benefits for employed or self-employed persons. These contracts have special legal features.

The principle of universal application in the Rome I Regulation allows for the application of any applicable law, including non-EU laws. For example, a contract could be governed by Chinese law.