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Preface | ||
Table of Cases | ||
Table of Statutes | ||
International Conventions and Treaties | ||
Table of Orders and Regulations | ||
Glossary | ||
Abbreviations | ||
1 | Introduction | 1 |
2 | Pre-existing National English Private International Rules of Contract | 9 |
3 | General Impact of EEC's Contractual Obligations Convention | 31 |
4 | Contracts (Applicable Law) Act 1990 | 91 |
5 | Preamble to the Rome Convention | 95 |
6 | Article 1: Scope of the Convention | 97 |
7 | Article 2: Universal Application of the Convention | 143 |
8 | Article 3: Agreement on Choice of Law | 147 |
9 | Article 4: Applicable Law in the Absence of Choice | 171 |
10 | Article 5: Consumer Contracts | 203 |
11 | Article 6: Individual Employment Contracts | 221 |
12 | Article 7: Mandatory Rules of Contract Law | 239 |
13 | Article 8: Material Validity of Contracts | 269 |
14 | Article 9: Formal Validity of Contracts | 281 |
15 | Article 10: Scope of Applicable Law | 297 |
16 | Article 11: Contractual Incapacity | 311 |
17 | Article 12: Voluntary Assignment of Rights | 321 |
18 | Article 13: Subrogation to Contractual Rights | 327 |
19 | Article 14: Presumptions, Burden and Modes of Proof | 331 |
20 | Article 15: Inapplicability of Renvoi | 343 |
21 | Article 16: Ordre Public Exception to Applicable Law | 345 |
22 | Article 17: No Retrospective Effect of the Convention | 351 |
23 | Article 18: Uniform Interpretation of the Convention | 355 |
24 | Article 19: Application of Convention to and in Composite States | 359 |
25 | Article 20: Precedence of Community Law over the Convention | 365 |
26 | Article 21: Precedence of Other International Conventions over the Convention | 367 |
27 | Article 22: Reservations to Full Application of the Convention | 371 |
28 | Article 23: Precedence and Procedure for New National Choice of Law Rules | 373 |
29 | Article 24: Procedure for New Multilateral Conflicts Conventions | 379 |
30 | Article 25: Procedure in Respect of Certain International Agreements | 385 |
31 | Article 26: Revision of the Convention | 389 |
32 | Article 27: Extensions of the Convention to European Territories of Contracting States | 391 |
33 | Article 28: Ratification of the Convention | 395 |
34 | Article 29: Entry into Force of the Convention | 397 |
35 | Article 30: Duration of the Convention | 399 |
36 | Article 31: Notifications in Respect of the Convention | 403 |
37 | Article 32: Integration of Annexed Protocol | 405 |
38 | Article 33: Authentic Texts of the Convention | 407 |
39 | Annexed Protocol | 409 |
40 | Schedule 2 1990 Act: The Luxembourg Convention on Greek Accession | 411 |
41 | Schedule 3 1990 Act: The First Brussels Interpretation Protocol | 415 |
42 | Schedule 4 1990 Act: Revisions to Other Enactments | 431 |
43 | Comparison of Convention and Pre-existing English Private International Rules of Contract | 439 |
44 | Conclusions | 449 |
Appendix A The Contracts (Applicable Law) Act 1990 | 459 | |
Appendix B Some Authentic Foreign Texts of the Rome Contracts Convention | 477 | |
Select Bibliography | 507 | |
Index | 511 |
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