According to the article 3 (1) of regulation Rome 1: The contract should be governed by the law chosen by the parties. This law can be designated in the contract. The cases of express selection are the simplest cases. In these cases, the parties have inserted the applicable law to the contract in one of the articles of the contract.
For example: Article 10 provides that this contract is governed by French law, the parties can select the law of any country to govern the contract. But this law has to have a link with the contract. It is also possible to submit different parts of the contracts to different laws. You usually put the law at the end of the contract.
[...] Implied Selection According to the article 3 of the regulation Rome 1. Terms of the contract The cases of implied selection can result from the terms of the contract: Professors Lagarde and Juliano according to their report, when implied selection results from the terms of the contract you have 3 possibilities. Forum selection clause It's an article inserted in the contract that tells us in the event there is a dispute the courts of witch country are competent to deal with the dispute. [...]
[...] Circumstances of the case Regulation Rome 1 considers that the second case of the implied selection is implied selection resulting from the circumstances of the case. previous course of dealings if the parties have had previous business transactions together and they have always inserted the same law to govern their contract and they have a last contract where no law is mentioned, we can considered that due to the previous contract, the last contract is also submitted to the law indicated in the previous contracts. [...]
[...] This means that the parties probably wanted to apply the law of the court they go to. EXAMPLE: Article 20 your contract provides that in the event there is a dispute, Italian courts are competent to deal with this dispute. We can consider that if the parties wanted to go in front of an Italian court, they probably wanted to apply Italian law to their contract. The use of standard terms If the contract contains a famous insurance policy means that the contract is submitted to British law because Lloyd's is a British company. [...]
[...] If the parties have decided to selected the law of another country this may not deprive the consumer of the protection given to him by the minatory provision of the country of his habitual residence. Individual employment contracts In principal the parties are free to choose the applicable law to their contract however in order to protect the employee regulation Rome 1 provides that the effect of the freedom of choice may not deprive the employee of the protection given to him by minatory provision that would have applied in the absence of the choice of the law. [...]
[...] The Selection of the Law I. Selection by the parties According to the article 3 of regulation Rome The contract should be governed by the law chosen by the parties. This law can be designated in the contract. Express selection The cases of express selection are the simplest cases. In these cases, the parties have inserted the applicable law to the contract in one of the articles of the contract. For example: Article 10 provides that this contract is governed by French law, the parties can select the law of any country to govern the contract. [...]
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