La scelta tacita della legge applicabile al contratto secondo il regolamento Roma I

Translated title of the contribution: [Autom. eng. transl.] The tacit choice of the law applicable to the contract according to the Rome I regulation

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] Based on art. 3, par. 1 of Regulation (EC) no. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I), the choice of the law regulating the contract, made by the parties, can be expressed or clearly indicated by the provisions of the contract or by the circumstances of the case. The paper examines the main issues raised by the electio iuris tacita regarding contracts. After having clarified that the tacit choice contemplated by the regulation must be kept distinct from the hypothetical choice, that is, from the choice that the parties would have plausibly put in place if they had concluded an agreement between them in this regard, the article goes on to address the problem of the function of the rule of the regulation concerning tacit choice. This rule, it should be noted, does not concern the formal validity of the shop of choice (which is the subject of Article 11 of the regulation, by virtue of the reference referred to in Article 3, paragraph 5), but rather the proof of the existence and content of that shop. Attention therefore shifts to the clues that the interpreter can legitimately lay at the basis of the reasoning that could lead him to affirm the existence of a tacit choice (the "provisions of the contract" and the "circumstances of the case") and on the basis of evaluation that he must use in appreciating such indications.
Translated title of the contribution[Autom. eng. transl.] The tacit choice of the law applicable to the contract according to the Rome I regulation
Original languageItalian
Pages (from-to)221-239
Number of pages19
JournalCuadernos de Derecho Transnacional
Volume8
Publication statusPublished - 2016

Keywords

  • Contracts
  • Contratti
  • Diritto internazionale privato
  • Private international law

Fingerprint

Dive into the research topics of '[Autom. eng. transl.] The tacit choice of the law applicable to the contract according to the Rome I regulation'. Together they form a unique fingerprint.

Cite this