Introductory Text
1.Meaning of “the Rome Convention”
2.Application of the Rome Convention
3.Interpretation of the Rome Convention.
4. Revision of Conventions etc.
4A.Disapplication where the rules in the Rome I Regulations apply: England and Wales and Northern Ireland
4B.Disapplication where the rules in the Rome I Regulation apply: Scotland
5. Consequential amendments.
6. Application to Crown.
7. Commencement.
8. Extent.
9. Short title.
SCHEDULES
SCHEDULE 1
The Rome Convention
Title I Scope of the Convention
Article 1
Scope of the Convention
1.The rules of this Convention shall apply to contractual obligations...
2.They shall not apply to: (a) questions involving the status...
3.The rules of this Convention do not apply to contracts...
4.The preceding paragraph does not apply to contracts of re–insurance....
Article 2
Application of law of a country outside of the United Kingdom
Title II Uniform Rules
Article 3
Freedom of choice
1.A contract shall be governed by the law chosen by...
2.The parties may at any time agree to subject the...
3.The fact that the parties have chosen a foreign law,...
4.The existence and validity of the consent of the parties...
Article 4
Applicable law in the absence of choice
1.To the extent that the law applicable to the contract...
2.Subject to the provisions of paragraph 5 of this Article,...
3.Notwithstanding the provisions of paragraph 2 of this Article, to...
4.A contract for the carriage of goods shall not be...
5.Paragraph 2 shall not apply if the characteristic performance cannot...
Article 5
Certain consumer contracts
1.This Article applies to a contract the object of which...
2.Notwithstanding the provisions of Article 3, a choice of law...
3.Notwithstanding the provisions of Article 4, a contract to which...
4.This Article shall not apply to: (a) a contract of...
5.Notwithstanding the provisions of paragraph 4, this Article shall apply...
Article 6
Individual employment contracts
1.Notwithstanding the provisions of Article 3, in a contract of...
2.Notwithstanding the provisions of Article 4, a contract of employment...
Article 7
Mandatory rules
1.When applying under this Convention the law of a country,...
2.Nothing in this Convention shall restrict the application of the...
Article 8
Material validity
1.The existence and validity of a contract, or of any...
2.Nevertheless a party may rely upon the law of the...
Article 9
Formal validity
1.A contract concluded between persons who are in the same...
2.A contract concluded between persons who are in different countries...
3.Where a contract is concluded by an agent, the country...
4.An act intended to have legal effect relating to an...
5.The provisions of the preceding paragraphs shall not apply to...
6.Notwithstanding paragraphs 1 to 4 of this Article, a contract...
Article 10
Scope of the applicable law
1.The law applicable to a contract by virtue of Articles...
2.In relation to the manner of performance and the steps...
Article 11
Incapacity
Article 12
Voluntary assignment
1.The mutual obligations of assignor and assignee under a voluntary...
2.The law governing the right to which the assignment relates...
Article 13
Subrogation
1.Where a person (“the creditor”) has a contractual claim upon...
2.The same rule applies where several persons are subject to...
Article 14
Burden of proof, etc.
1.The law governing the contract under this Convention applies to...
2.A contract or an act intended to have legal effect...
Article 15
Exclusion of renvoi
Article 16
“Ordre public”
Article 17
No retrospective effect
Article 18
Uniform interpretation
Article 19
States with more than one legal system
1.Where a State comprises several territorial units each of which...
2.A State within which different territorial units have their own...
Article 20
Precedence of assimilated law
Article 21
Relationship with other conventions
Article 22
Reservations
Title III Final Provisions
Article 23
Article 24
Article 25
Article 26
Article 27
Article 28
Article 29
Article 30
Article 31
Article 32
Article 33
PROTOCOL
SCHEDULE 2
The Luxembourg Convention
The Secretary–General of the Council of the European Communities shall...
SCHEDULE 3
The Brussels Protocol
...
Any of the courts referred to below may request the...
SCHEDULE 3A
THE FUNCHAL CONVENTION
SCHEDULE 3B
THE 1996 ACCESSION CONVENTION
TITLE I General Provisions
ARTICLE I
TITLE II
Adjustments to the Protocol annexed to the Convention of 1980
ARTICLE 2
TITLE III Adjustments to the First Protocol of 1988
ARTICLE 3
TITLE IV Final Provisions
ARTICLE 4
ARTICLE 5
ARTICLE 6
ARTICLE 7
ARTICLE 8
SCHEDULE 4
Consequential Amendments
The Equal Pay Act 1970 (c.41)
The Equal Pay Act (Northern Ireland) 1970 (c.32 (N.I.))
1.In Section 1(11) of the Equal Pay Act 1970 and...
The Consumer Credit Act 1974 (c.39)
2.In sections 43(2)(c) and 145(3)(c) and (4)(b) of the Consumer...
The Patents Act 1977 (c.37)
3.In section 82(5) and (6) of the Patents Act 1977,...
The Unfair Contract Terms Act 1977 (c.50)
4.In section 27(1) of the Unfair Contract Terms Act 1977,...
The Aviation Security Act 1982 (c.36)
5.In section 19(5) of the aviation security act 1982, for...
The Income and Corporation Taxes Act 1988 (c.1)
6.In section 347b(1)(a) of the Income and Corporation Taxes Act...