Article 21 - Public Policy of the Forum

A. The public policy exception under the Rome I Regulation: general remarks: I. The place of ordre public in private international law; II. Public policy in the Rome I Regulation - B. Identifying the values and principles that may be protected through the public policy exception: I. The need of a narrow construction, based on strict standards; II. The relative character of public policy in space and time; III. The national, international and regional dimension of public policy - C. The conditions under which the public policy exception may be raised and its operation: I. An actual and manifest incompatibility with one or more public policy principles; II. The variable strength of public policy depending on the proximity of the relationship (Inlandsbeziehung and ordre public de proximité); III. Procedural issues - D. The effects triggered by the public policy exception: I. The “negative” effect (effet d’éviction); II. The absence of uniform rules as to the different legal order from which the applicable rules should be drawn after the exception has been raised.