CHAPTER I

SCOPE

Material scope
Article 1
1
This Regulation shall apply, in situations involving a conflict of laws, to contractual obligations in civil and commercial matters.
It shall not apply, in particular, to revenue, customs or administrative matters.
2
The following shall be excluded from the scope of this Regulation:
a
questions involving the status or legal capacity of natural persons, without prejudice to Article 13;
b
obligations arising out of family relationships and relationships deemed by the law applicable to such relationships to have comparable effects, including maintenance obligations;
c
obligations arising out of matrimonial property regimes, property regimes of relationships deemed by the law applicable to such relationships to have comparable effects to marriage, and wills and succession;
d
obligations arising under bills of exchange, cheques and promissory notes and other negotiable instruments to the extent that the obligations under such other negotiable instruments arise out of their negotiable character;
e
arbitration agreements and agreements on the choice of court;
f
questions governed by the law of companies and other bodies, corporate or unincorporated, such as the creation, by registration or otherwise, legal capacity, internal organisation or winding-up of companies and other bodies, corporate or unincorporated, and the personal liability of officers and members as such for the obligations of the company or body;
g
the question whether an agent is able to bind a principal, or an organ to bind a company or other body corporate or unincorporated, in relation to a third party;
h
the constitution of trusts and the relationship between settlors, trustees and beneficiaries;
i
obligations arising out of dealings prior to the conclusion of a contract;
j
insurance contracts arising out of operations carried out by organisations other than undertakings referred to in Article 2(1) of Directive 2009/138/EU which carry on life assurance under Article 2(3) of that Directive the object of which is to provide benefits for employed or self-employed persons belonging to an undertaking or group of undertakings, or to a trade or group of trades, in the event of death or survival or of discontinuance or curtailment of activity, or of sickness related to work or accidents at work.
3
This Regulation shall not apply to evidence and procedure, without prejudice to Article 18.
4
In this Regulation, “
relevant state
” means the United Kingdom and—
a
in Article 3(4) and Article 7, all the Member States;
b
in all other Articles, the Member States to which Regulation
(EC) No. 593/2008
of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), as it has effect in EU law and as amended from time to time, applies.
Words in Art. 1(2)(j) substituted (31.12.2020) by The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/834), regs. 1, 10(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
Art. 1(4) substituted (31.12.2020) by The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/834), regs. 1, 10(2)(b); 2020 c. 1, Sch. 5 para. 1(1)