Rome I Regulation on the Law Applicable to Contractual Obligations Project: The Other Side of the Same Coin? (Romos I Reglamento Del Sutartinems Prievolems Taikytinos Teises Projektas: Kita to Paties Medalio Puse?)
Justitia, Vol. 67, No. 1, 2008
46 Pages Posted: 17 May 2008
Abstract
This article is devoted to analyse the drafting process of Rome I regulation and highlight certain challenges that emerge during the preparation of the new regulation. Authors inter alia pinpoint dubious solutions of the Rome I proposal. In particular, proposed conflict of laws rules to the situations where there is an absence of choice of law by the parties and consumer contract are considered as not satisfactory. They merely represent the manifold approaches of different interest groups without giving more legal certainty. In particular, multi-level exceptions should be once again reconsidered by the European legislator since they only create additional confusion instead of legal clarity. Otherwise, if reservations to Rome I Regulation made by some of the states will not be removed, the adoption of a new Rome I Regulation as it stands now will signify deceiving illusion of uniform European conflict of law of contractual obligations.
Note: The downloadable document is in Lithuanian.
Keywords: Rome I Regulation, Applicable Law, Contractual Obligations
JEL Classification: K1, K19, K33
Suggested Citation: Suggested Citation