1. Private International Law
Academic Year 2018/2019
Pietro Franzina –

2. Applicable law The Rome I Regulation
the law chosen by the parties (Article 3)
the parties are free to choose the law of any country (non-State law can’t be chosen)
the choice can be express or tacit (provided that evidence of a real choice exists)
the choice can refer to the contract as a whole or to a part of it
the choice can be made at the same time as the contract or afterwards
where all the elements are located in country X, but the parties choose the law of Y…
… the choice does not prejudice the application of the mandatory provisions of Y
the applicable law absent a choice by the parties (Article 4)
if the contract belongs to the types in Article 4(1) > use the relevant connecting factor
otherwise > the law of the State of HR of the party required to effect the characteristic performance (Article 4(2))
the previous rules can be departed from if the contract is manifestly more closely connected with a country other than that indicated therein (Article 4(3))
residually: the law of the country with which the c. is most closely conn’d (Art. 4(4))