Giuliano-Lagarde Report on the Rome Convention [] OJ C/1. Introduction para 2 and commentary of Arts 3 and 4. Add to My Bookmarks Export citation. Giuliano-Lagarde Report on the Rome Convention [] OJ C/1. Commentary of Art 7. Add to My Bookmarks Export citation. Giuliano-Lagarde Report on. Posts about Giuliano Lagarde Report written by Geert van Calster.

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As regards maintenance obligations, within the meaning of Article 1 of the Hague Convention on the law applicable to maintenance obligations, the Group considered that this exclusion should also extend to contracts which biuliano unter a legal maintenance obligation make in performance of that obligation.

As provided in Article 1 1 the uniform rules in this Convention apply generally to contractual obligations in situations involving a conflict of laws. The previous decisions of the Supreme Court and the differing views of writers on the precise scope of the freedom of contract rule would not have permitted definition of the state of Netherlands law in this matter with sufficient certainty The kind of idea upon which paragraph 2 is based is certainly not entirely unknown to some specialists.

The rule also applies to the supply of services, such as insurance, as well as supply of goods. In adopting the statement, the Representatives of Governments of the Member States, meeting within the Council, also instructed the ad hoc Council working party on private international law to consider by what means point 1 of the statement could be implemented and report back by 30 June The German delegation, while mentioning some hesitation on this point in professional and business circles, said that this difference of opinion was not tiuliano as to affect the course of the work at the present time.

They arose in particular in determining the number of ratifications required for the Convention to come into force and in drafting a statement by the Governments of the Member States on the conferral of jurisdiction on the Court of Justice.

Initially the rapporteur advocated the latter method. Article 4 3 establishes that the presumption in paragraph 2 does not operate to the extent that the subject of the contract is a right in immovable property or a right to use immovable property. On the one hand the choice of the parties should not adversely affect the mandatory provisions of the State in which the consumer is habitually resident ; on the giulianp, in this type of contract it is the law of the buyer the weaker party which should normally prevail over that of the seller.

By way of example, under Article 3, parties to a contract may opt for the law of a third State, and in the absence of any choice, that same law may be applied to the contract under Articles 4 and 5 if it is with that State that the contract has the closest links.

Article 6 applies to individual employment contracts and not lagards collective agreements.

The rule was reaffirmed even more recently by the sole arbitrator, Mr Dupuy, in the giliano which he made on 19 January in Libyan Arab Republic v. The solution adopted in subparagraph f involves the exclusion from the scope of the uniform rules of the question whether an agent is able to bind a principal, or an organ to bind a company or body corporate or unincorporate, to a third party.


To set a reading intention, click through to any list item, and look for the panel on the left hand side:. It was not until the end of that the Group was able properly to resume its work and proceed with the preparation of rwport Convention on the law applicable to contractual obligations.

The Convention signed on 27 September on jurisdiction and the enforcement of judgments in civil and commercial matters uniformly governs the international jurisdiction of the courts within the Community.

As declared in the Preamble, in concluding this Convention the nine States which are parties to the Treaty establishing the European Economic Community show their desire to continue in rdport field of private international law the work of unification already undertaken in the Community, particularly rpeort matters of jurisdiction and enforcement of judgments.

Report on the Rome Convention by Professors Mario Giuliano and Paul Lagarde (OJ 1980 No C282/1)

The first indent reales lgaarde situations where the trader has taken steps to market his giuliiano or services in the country where the consumer resides. Given the nature of these provisions and their fundamental diversity, no rule of conflict can lead to a uniform solution. In describing the situation in which Article 5 applies to consumer contracts, lagardw Group has not followed the text of Article 13 1 of the Judgments Convention as amended by the Accession Convention.

On 8 September the Permanent Representative of Belgium extended to the Commission, in the name of his own Government and those of the Kingdom of the Netherlands and the Grand Duchy of Giu,iano, an invitation to collaborate with the experts of the Member States, on the basis of the draft Benelux convention, in the unification of private international law and codification of the rules of conflict of laws within the Community. To take another example, in an agency contract concluded in France between a Belgian commercial agent and a French company, the characteristic performance being that of the agent, the contract will be governed by Belgian law if the agent has his place of business in Belgium Furthermore, in the French text the word “loi” has been replaced by the word “droit” in order to avoid any doubts as to the scope of the rule, which is to cover both “legislative” provisions of any other country and also common law repotr.

Giuliano Lagarde Report | gavc law – geert van calster

Thus, in the opinion of the majority of the delegations it will, normally, only apply where the person who supplies goods or services or provides credit acts in the course of his trade or profession. On the other hand the Group did not adopt the proposal that mergers and groupings should also be expressly mentioned, most of the delegations being of the opinion that mergers and groupings were already covered by the present wording.

The English word “trust” is properly used to define the scope of the exclusion.

It should be interpreted in the light of its purpose which is to protect the weaker party and giulian accordance with other international instruments with the same purpose such as the Judgments Convention.

The subject may be a body with or without legal personality, profit-making or non-profit-making.

EUR-Lex – Y(01) – EN

On the one hand Article 5 contains no special provision for hire purchase contracts and loans on deferred terms. The Opinion itself has a complete overview of the issues at stake. This survey will bring out both the value and the difficulties of the unification undertaken by the Group and of which the convention is only the first fruit. The provisions of Article 2 giuliao the universal application of the convention.


Crespi that ; “the parties” choice of applicable law is laagrde admissible if made after the contract has been drawn up’ In French and Belgian law no distinction is to be drawn between the express deport hypothetical or presumed will of the parties. Article 9 4 contains a special rule relating to acts intended to have legal effect, such as, in accordance with the law of many countries, an offer.

The outcome may be that preference is given to the court of a State whose law seems to offer a better solution to the proceedings. The rule stated in Article 3 1 under which the contract is governed by the law chosen by the parties simply reaffirms a rule currently embodied in the private international law of all the Member States of the Community and of most other countries. The rule extends to credit sales as well as to cash sales, but sales of securities are excluded.

It must be stressed that the uniform rules apply to the abovementioned obligations only “in situations involving a choice between the laws of different countries”. If the contract is concluded by that party in the course of his trade or profession, the country concerned is that in which his principal place of business is situated or, if the contract is to be performed through a place of business other than the principal place of business, the country in which that other place of business is situated.

The use of these words is justified by reference to what has been said in paragraph 4 of the commentary on Article 3.

It often happens in contracts for carriage that a person who contracts to carry goods for another does not carry them himself but arranges for a third party to do so.

The same principle forms the basis of the Convention for the settlement of disputes relating to investments between States and nationals of other States, which entered into force on 14 Octoberwhen it provides in Article 42 that “the Tribunal shall rule on the dispute in accordance with the rules of law adopted by the parties”.

Similarly references in a contract to specific Articles of the French Civil Code may leave the court in no doubt that the parties have deliberately chosen French law, although there is no expressly stated choice of law. Once the choice is made, the parties no longer have the option of agreeing to nominate a law other than that nominated at the time of concluding the contract. The situation is not covered by the first indent because there it is required that the consumer has taken in his own country all the steps necessary on his part for the conclusion of the contract.

As we have emphasized previously in paragraph 9 of the comments on Article 3, this provision is also applicable with regard to the existence and validity of the parties’ consent as to choice of the law applicable.