The Rome I Regulation and the applicable law.

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If the parties do not identify the law to which the contractual relationship is subjectthe linking criteria provided for in Article 4 of the Rome I Regulation (593/2008)

Specifically theArticle 4.1 unequivocally identifies which law is to be applied to a series of contracts where the parties have not made the choice (sale, provision of services, franchising, distribution). It reads, in fact, that:

  1. a contract for the sale of goods is governed by the law of the country in which the seller has his habitual residence;

  2. the contract for the provision of services is governed by the law of the country in which the service provider has his habitual residence;

  3. a contract having as its object a right in rem in immovable property or a lease of immovable property is governed by the law of the country in which the property is situated;

  4. Notwithstanding (c), the letting of a property concluded for temporary private use for a period of not more than six consecutive months shall be governed by the law of the country in which the owner has his habitual residence, provided that the tenant is a natural person and has his habitual residence in the same country;

  5. The franchise contract is governed by the law of the country in which the franchisee has its habitual residence;

  6. the distribution contract is governed by the law of the country in which the distributor has his habitual residence;

LArticle 4.2 of the RegulationIt further provides that if the contract does not fall within the categories set forth in Art. 4.1 it shall be governed by the law of the country in which the party to be performed under the contract has its habitual residence;

L'Article 4.3Finally, it provides that if none of these criteria makes it possible to determine the applicable law, the contract shall be governed by the law of the country with which it is most closely connected.

ABSTRACT

In case of no choice check:

  • whether the contract falls within the categories covered by Art. 4(1) of the Rome I Regulation
  • otherwise, the law in which the party is to perform the characteristic performance applies
  • finally, if none of the above criteria allows the determination of the applicable law, the contract is the law of the country with which it is most closely connected

 

 

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