The Interaction between Rome I and Mandatory EU Private Rules - EPIL and EPL: Communicating Vessels?

X.E. Kramer, The Interaction between Rome I and Mandatory EU Private Rules - EPIL and EPL: Communicating Vessels?, 2010 (conference paper)

21 Pages Posted: 28 Aug 2010 Last revised: 4 Apr 2013

See all articles by Xandra E. Kramer

Xandra E. Kramer

Utrecht University - Faculty of Law; Erasmus University Rotterdam (EUR) - Erasmus School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: January 27, 2010

Abstract

This paper deals with the complex interaction between Rome I and (substantive) mandatory European Union rules in the field of private law. The question is whether European Private International Law, in particular Rome I, and European Private Law, more specific European Contract Law, are communicating vessels or a source of potential clashes.The topic is discussed at the macro-level, as the scope of this paper does not extend to unravelling the exact relationship of Rome I and every individual provision of the existing Directives. Three types of potential collisions are discussed as well as the general mechanisms in Rome I and the Directives to deal with these. The paper analyses the relationship between article 3, 6 and 9 of Rome I and mandatory substantive EU law as well as the consequences of the Ingmar ruling by the ECJ.

It is submitted that there is no justification for giving general priority to all (mandatory) EU contract rules over the equally important EU choice of law rules, and thereby rendering the exception the rule. It is important that the further development of European contract law takes into account the private international law side of the coin. For private international law lawyers, it is important to realise that European private international law nowadays functions within the broader framework of the development of a single area of justice and the proper functioning of the internal market.

Keywords: Rome I, European Contract Law, European Private International Law, European Private Law

JEL Classification: K12, K3, K33

Suggested Citation

Kramer, Xandra E. and Kramer, Xandra E., The Interaction between Rome I and Mandatory EU Private Rules - EPIL and EPL: Communicating Vessels? (January 27, 2010). X.E. Kramer, The Interaction between Rome I and Mandatory EU Private Rules - EPIL and EPL: Communicating Vessels?, 2010 (conference paper), Available at SSRN: https://ssrn.com/abstract=1666740 or http://dx.doi.org/10.2139/ssrn.1666740

Xandra E. Kramer (Contact Author)

Erasmus University Rotterdam (EUR) - Erasmus School of Law ( email )

3000 DR Rotterdam
Netherlands

Utrecht University - Faculty of Law ( email )

Janskerkhof 3
Utrecht, 3512 BK
Netherlands

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