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THE PRINCIPLE OF UNIFORMITY OF THE CONTRACT APPLICABLE LAW UNDER THE ROME CONVENTION ON THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS

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Wojewoda M.

Kwartalnik Prawa Prywatnego

2008

vol. 17

issue 3

659-682

The law applicable to contractual obligations under the Rome Convention of 1980 may be designated by the parties or, in the absence of choice, it will be indicated by objective connecting factors. In either case, generally only one legal system will be found applicable to the whole contractual relationship which, in consequence, will be uniformly governed by that one law. While explaining and underlining the significance of the above principle, the author presents certain exceptions thereto. The Convention envisages some instances when – due to various reasons – more than one law plays a role in regulating the contract. Among several legal institutions which may be treated as such exceptions are: splitting of applicable law (depéçage), intervention of mandatory rules, ordre public clause, and the special conflict rules of art. 8.2 and art. 10.2 of the Convention.

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1 Kwartalnik Prawa Prywatnego

1 Wojewoda M.

1 2008

Search results

THE PRINCIPLE OF UNIFORMITY OF THE CONTRACT APPLICABLE LAW UNDER THE ROME CONVENTION ON THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS