The Rome I Regulation on the Law Applicable to Contractual Obligations

ISBN : 9780199654635

Michael McParland
976 ページ
171 x 248 mm

The Rome I Regulation applies to all EU Member States (except Denmark) in relation to 'contractual obligations in civil and commercial matters' in 'situations involving a conflict of laws' that arise out of contracts concluded from 17 December 2009. The Rome I Regulation has been described by the European Commission as 'a central element of the Community acquis in the area of civil justice'. This book is the most comprehensive work on the development of the Rome I Regulation that studies in detail the historical background, the legislative development and the teleological purpose of the Regulation. Beginning with the work that led up to the 1972 Draft Convention and the much neglected original French rapporteur's commentary, the author traces developments in the text through the 1980 Convention, highlights the legislative developments that began with the 2003 Green Paper, the Commission's 2005 Proposal and the subsequent negotiations that took place in the European Council and European Parliament that led to the final text of the Rome I Regulation itself. Particular emphasis is placed on highlighting the legislative intent reflected in the changes to the text of the draft Regulation that were made by the Civil Law Committee (Rome I) of the Council. The book marks out the borderline between the Rome I and Rome II Regulations, and considers in detail the application of the conflict-of-law rules in the Rome I Regulation to the specifically protected contracts such as consumer, insurance, carriage of passengers and individual employment contracts. It provides a primary source of reference for all readers involved in the practical interpretation of the Rome I Regulation, or who are interested in choice of law issues arising in international commercial contractual disputes.


1. All Roads Lead to Rome
2. Application & Relationships
3. Classification & Interpretation
4. The Applicable Law
5. Habitual Residence
6. Contractual Obligations: Art. 1 (1)
7. Specific Exclusions: Art. 1 (2)
8. Evidence & Procedure, Presumptions of Law, Burden and Mode of Proof: Art. 1 (3), 18
9. Freedom of Choice: Art. 3
10. Applicable Law in the Absense of Choice: Art. 4
11. Contracts of Carriage: Art. 5
12. Consumer Contracts: Art. 6
13. Insurance Contracts: Art. 7
14. Individual Employment Contracts: Art. 8
15. Overriding Mandatory Provisions and Public Policy: Art. 9 & 21
16. Consent, material and formal validity, incapacity: Art. 10,11 & 13
17. Scope of the law applicable: Art. 12
18. Assignment & Subrogation: Art. 14 & 15
19. Multiple Liability: Art. 16
20. Set-off: Art. 17
21. Coda
A. Rome I Regulation
B. Article 25 Declarations
C. Legislative Chronology
1972 Draft Convention D.
E. Rome Convention 1980


Michael McParland is a Barrister and Attorney at Law based at Quadrant Chambers in London. Michael has a wide-ranging practice in civil, commercial, and business advocacy and advice, representing UK and international clients in litigation and arbitration, both in England and Wales and overseas.