Convention on the Law Applicable to Contractual Obligations 3

Convention on the Law Applicable to Contractual Obligations

 

Article 15

Exclusion of renvoi

The application of the law of any country specified by this Convention
means the application of the rules of law in force in that country other
than its rules of Private International Law .

Article 16

‘Ordre public’

The application of a rule of the law of any country specified by this
Convention may be refused only if such application is manifestly
incompatible with the public policy (‘ordre public’) of the forum.

Article 17

No retrospective effect

This Convention shall apply in a Contracting State to contracts made
after the date on which this Convention has entered into force with
respect to that State.

Article 18

Uniform interpretation

In the interpretation and application of the preceding uniform rules,
regard shall be had to their international character and to the
desirability of achieving uniformity in their interpretation and
application.

Article 19

States with more than one legal system

1. Where a State comprises several territorial units each of which has
its own rules of law in respect of contractual obligations, each
territorial unit shall be considered as a country for the purposes of
identifying the law applicable under this Convention.

2. A State within which different territorial units have their own rules
of law in respect of contractual obligations shall not be bound to apply
this Convention to conflicts solely between the laws of such units.

Article 20

Precedence of Community law

This Convention shall not affect the application of provisions which, in
relation to particular matters, lay down choice of law rules relating to
contractual obligations and which are or will be contained in acts of the
institutions of the European Communities or in national laws harmonized
in implementation of such acts.

Article 21

Relationship with other conventions

This Convention shall not prejudice the application of international
conventions to which a Contracting State is, or becomes, a party.

Article 22

Reservations

1. Any Contracting State may, at the time of signature, ratification,
acceptance or approval, reserve the right not to apply:

(a) the provisions of Article 7(1);

(b) the provisions of Article 10(1)(e).

2. Any Contracting State may also, when notifying an extension of the
Convention in accordance with Article 27(2), make one or more of these
reservations, with its effect limited to all or some of the territories
mentioned in the extension.

3. Any Contracting State may at any time withdraw a reservation which it
has made; the reservation shall cease to have effect on the first day of
the third calendar month after notification of the withdrawal.

TITLE III

FINAL PROVISIONS

Article 23

1. If, after the date on which this Convention has entered into force
for a Contracting State, that State wishes to adopt any new choice of law
rule in regard to any particular category of contract within the scope of
this Convention, it shall communicate its intention to the other
signatory States through the Secretary-General of the Council of the
European Communities.

2. Any signatory State may, within six months from the date of the
communication made to the Secretary-General, request him to arrange
consultations between signatory States in order to reach agreement.

3. If no signatory State has requested consultations within this period
or if within two years following the communication made to the
Secretary-General no agreement is reached in the course of consultations,
the Contracting State concerned may amend its law in the manner
indicated. The measures taken by that State shall be brought to the
knowledge of the other signatory States through the Secretary-General of
the Council of the European Communities.

Article 24

1. If, after the date on which this Convention has entered into force
with respect to a Contracting State, that State wishes to become a party
to multilateral convention whose principal aim or one of whose principal
aims is to lay down rules of Private International Law concerning any of
the matters governed by this Convention, the procedure set out in Article
23 shall apply. However, the period of two years, referred to in
paragraph 3 of that Article, reduced to one year.

2. The procedure referred to in the preceding paragraph need not be
followed if a Contracting State or one of the European Communities is
already a party to the multilateral convention, or if its object is to
revise a convention to which the State concerned is already a party, or
if it is a convention concluded within the framework of the Treaties
establishing the European Communities.

Article 25

If a Contracting State considers that the unification achieved by this
Convention is prejudiced by the conclusion of agreements nor covered by
Article 24 (1), that State may request the Secretary-General of the
Council of the European Communities to arrange consultations between the
signatory States of this Convention.

Article 26

Any Contracting State may request the revision of this Convention. In
this event a revision conference shall be convened by the President of
the Council of the European Communities.

Article 27

1. This Convention shall apply to the European territories of the
Contracting States, including Greenland, and to the entire territory of
the French Republic.

2. Notwithstanding paragraph 1:

(a) this Convention shall not apply to the Faroe Islands, unless the
Kingdom of Denmark makes a declaration to the contrary;

(b) this Convention shall not apply to any European territory situated
outside the United Kingdom for the international relations of which
the United Kingdom is responsible, unless the United Kingdom makes
a declaration to the contrary in respect of any such territory;

(c) this Convention shall apply to the Netherlands Antilles, if the
Kingdom of the Netherlands makes a declaration to that effect.

3. Such declarations may be made at any time by notifying the
Secretary-General of the Council of the European Communities.

4. Proceedings brought in the United Kingdom on appeal from courts in
one of the territories referred to in paragraph 2 (b) shall be deemed to
be proceedings taking place in those courts.

Article 28

1. This Convention shall be open from 19 June 1980 for signature by the
State party to the Treaty establishing the European Economic Community.

2. This Convention shall be subject to ratification, acceptance or
approval by the signatory States. The instruments of ratification,
acceptance or approval shall be deposited with the Secretary-General of
the Council of the European Communities.

Article 29

1. This Convention shall enter into force on the first day of the third
month following the deposit of the seventh instrument of ratification,
acceptance or approval.

2. This Convention shall enter into force for each signatory State
ratifying, accepting or approving at a later date on the first day of the
third month following the deposit of its instrument of ratification,
acceptance or approval.

Article 30

1. This Convention shall remain in force for 10 years from the date of
its entry into force in accordance with Article 29 (1), even for States
for which it enters into force at a late date.

2. If there has been no denunciation it shall be renewed tacitly every
five years.

3. A Contracting State which wishes to denounce shall, not less than six
months before the expiration of the period of 10 or five years, as the
case may be, give notice to the Secretary-General of the Council of the
European Communities. Denunciation may be limited to any territory to
which the Convention has been extended by a declaration under Article 27
(2).

4. The denunciation shall have effect only in relation to the State
which has notified it. The Convention will remain in force as between all
other Contracting States.

Article 31

The Secretary-General of the Council of the European Communities shall
notify the States party to the Treaty establishing the European Economic
Community of:

(a) the signatures;

(b) the deposit of each instrument of ratification, acceptance or
approval;

(c) the date of entry into force of this Convention;

(d) communications made in pursuance of Articles 23, 24, 25, 26, 27 and
30;

(e) the reservations and withdrawals of reservation referred to in
Article 22.

Article 32

The Protocol annexed to this Convention shall form an integral part
thereof.

Article 33

This Convention, drawn up in a single original in the Danish, Dutch,
English, French, German, Irish and Italian languages, these texts being
equally authentic, shall be deposited in the archives of the Secretariat
of the Council of the European Communities. The Secretary-General shall
transmit a certified copy thereof to the Government of each signatory
State.

In witness whereof the undersigned, being duly authorized thereto, have
signed this Convention.

Done at Rome on the nineteenth day of June in the year one thousand nine
hundred and eighty.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Convention on the Law Applicable to Contractual Obligations, Private International Law, Treaties, country.


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