Whose Law is to be Applied under the Rome Regulations?

Richard Plender

in From Single Market to Economic Union

Published in print June 2012 | ISBN: 9780199695706
Published online September 2012 | e-ISBN: 9780191741302 | DOI:
Whose Law is to be Applied under the Rome Regulations?

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The Rome Convention, now re-enacted in two Regulations, built on the basis of the Brussels Convention by establishing common rules to govern the choice of law in disputes of a contractual and of a noncontractual nature. The principal object of both the Rome I and Rome II Regulations is to identify the country whose law is to be applied to a dispute. To do this, the Regulations set up rules that designate the applicable legal system. Although those rules indicate relatively specifically what the applicable law is, what actually constitutes an applicable law needs to be specified further. Three needs arise: first, when a rule refers to a party's ‘habitual residence’, and that party has several residences, it is necessary to specify the party's relevant habitual residence; secondly, when a rule designates a certain legal system, it has to be specified whether that designation includes the system's conflicts laws; and, thirdly, when the rule designates the legal system of a State which comprises several jurisdictions having their own laws of contract or of tort, it is necessary to determine which of those jurisdictions is to be regarded as the country whose laws must be applied. This chapter addresses these questions and illustrates some of the complexities involved in such a deceptively simple expression as ‘habitual residence’.

Keywords: habitual residence; legal system; applicable law; jurisdictions; Rome Regulations

Chapter.  8382 words. 

Subjects: EU Law

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