Le clausole “gravemente inique” per il creditore nei contratti commerciali internazionali: note sui rapporti fra la direttiva 2011/7/UE e il regolamento Roma I

Translated title of the contribution: [Autom. eng. transl.] The "seriously unfair" clauses for the creditor in international commercial contracts: notes on the relations between Directive 2011/7 / EU and the Rome I Regulation

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] I. Directive 2011/7 / EU and situations characterized by elements of internationality. - II. The persistent practical relevance in the considered context of the conflict of laws rules: 1. The role of the rules on conflict of laws in areas where harmonized rules apply; 2. Conflict rules and internationally uniform material private law conventions. - III. Compliance with the harmonized material discipline in the event of the choice of the law applicable to the contract by the parties: 1. The freedom of the contracting parties to select the lex contractus regardless of the personal or objective projections of the relationship; 2. The designation of the law of a Member State; 3. The designation of the law of a third country. - IV. Respect for the harmonized material discipline in the absence of electio iuris and regardless of this: 1. The general limits placed on the functioning of the conflict-of-law rules of the Rome I Regulation: the rules of necessary application and the exception of public order in their possible European declination ; 2. The hypothesis of the internationally imperative nature of the national provisions implementing the Directive: exclusion of its foundation; 3. Protection of the creditor and public order of the forum.
Translated title of the contribution[Autom. eng. transl.] The "seriously unfair" clauses for the creditor in international commercial contracts: notes on the relations between Directive 2011/7 / EU and the Rome I Regulation
Original languageItalian
Pages (from-to)75-90
Number of pages16
JournalCUADERNOS DE DERECHO TRANSNACIONAL
Volume6
Publication statusPublished - 2014

Keywords

  • Contratti
  • Diritto internazionale privato
  • Private international law

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