Third Country Overriding Mandatory Rules in the Rome I Regulation: Old Wine in New Bottles?
Author: Hellner, Michael
Source: Journal of Private International Law, Volume 5, Number 3, December 2009 , pp. 447-470(24)
Publisher: Hart Publishing
Abstract:The article looks at Article 9(3) of Regulation (EC) No 593/2008 on the law applicable to contractual obligations (Rome I). Article 9(3) is concerned with the application of overriding (or internationally) mandatory rules of a third country; a question considered so controversial that the possibility to enter a reservation against the corresponding Article 7(1) was included in the forerunner to Rome I, the Rome Convention.
The first part of the article contains a historical background including the details of negotiations in the Council when the Rome Convention was transformed into the Rome I Regulation and the rule was re-drafted. The second part of the article contains an in-depth analysis of Article 9(3) and looks at the question of whether the changes made in order to make it acceptable to those states that had entered a reservation against its predecessor, Article 7(1) of the Rome Convention, will actually have any practical importance or whether they were mainly for show.
Document Type: Research Article
Publication date: December 2009
- Hart Publishing launched the Journal of Private International Law (J. Priv. Int. L.) in spring 2005. The journal covers all aspects of private international law, reflecting the role of the European Union and the Hague Conference on Private International Law in the making of private international law, in addition to the traditional role of domestic legal orders.
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