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

2. Applicable law The Rome I Regulation
limits on the operation of conflict-of-law rules
conflict-of-law rules (COLRs), based as they are on geographical considerations rather than on the substantive merits of a given law, trigger a ”leap in the dark”
as a consequence, safeguards are needed to prevent important substantive policies from being disregarded through the application of the law specified under a COLR
the public policy defence, or ordre public (Article 21)
operates after the relevant COLR has identified the applicable law
prevents that law from being applied whenever its application would contradict a fundamental policy of the forum
overriding mandatory provisions (ORMPs) (Article 9)
definition: provisions the respect for which is crucial for safeguarding a country’s public interests, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the matter
ORMPs of the forum take precedence at the outset over the applicable law
ORMPs of a third country may be given effect