Search Legislation

Advanced Search

Contracts (Applicable Law) Act 1990

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. 1.Meaning of “the Conventions”

  3. 2.Conventions to have force of law

  4. 3.Interpretation of Conventions

  5. 4.Revision of Conventions etc

  6. 5.Consequential amendments

  7. 6.Application to Crown

  8. 7.Commencement

  9. 8.Extent

  10. 9.Short title

  11. SCHEDULES

    1. SCHEDULE 1

      The Rome Convention

      1. Title I Scope of the Convention

        1. Article 1 Scope of the Convention

          1. 1.The rules of this Convention shall apply to contractual obligations...

          2. 2.They shall not apply to: (a) questions involving the status...

          3. 3.The rules of this Convention do not apply to contracts...

          4. 4.The preceding paragraph does not apply to contracts of re-insurance....

        2. Article 2 Application of law of non-contracting States

      2. Title II Uniform Rules

        1. Article 3 Freedom of choice

          1. 1.A contract shall be governed by the law chosen by...

          2. 2.The parties may at any time agree to subject the...

          3. 3.The fact that the parties have chosen a foreign law,...

          4. 4.The existence and validity of the consent of the parties...

        2. Article 4 Applicable law in the absence of choice

          1. 1.To the extent that the law applicable to the contract...

          2. 2.Subject to the provisions of paragraph 5 of this Article,...

          3. 3.Notwithstanding the provisions of paragraph 2 of this Article, to...

          4. 4.A contract for the carriage of goods shall not be...

          5. 5.Paragraph 2 shall not apply if the characteristic performance cannot...

        3. Article 5 Certain consumer contracts

          1. 1.This Article applies to a contract the object of which...

          2. 2.Notwithstanding the provisions of Article 3, a choice of law...

          3. 3.Notwithstanding the provisions of Article 4, a contract to which...

          4. 4.This Article shall not apply to: (a) a contract of...

          5. 5.Notwithstanding the provisions of paragraph 4, this Article shall apply...

        4. Article 6 Individual employment contracts

          1. 1.Notwithstanding the provisions of Article 3, in a contract of...

          2. 2.Notwithstanding the provisions of Article 4, a contract of employment...

        5. Article 7 Mandatory rules

          1. 1.When applying under this Convention the law of a country,...

          2. 2.Nothing in this Convention shall restrict the application of the...

        6. Article 8 Material validity

          1. 1.The existence and validity of a contract, or of any...

          2. 2.Nevertheless a party may rely upon the law of the...

        7. Article 9 Formal validity

          1. 1.A contract concluded between persons who are in the same...

          2. 2.A contract concluded between persons who are in different countries...

          3. 3.Where a contract is concluded by an agent, the country...

          4. 4.An act intended to have legal effect relating to an...

          5. 5.The provisions of the preceding paragraphs shall not apply to...

          6. 6.Notwithstanding paragraphs 1 to 4 of this Article, a contract...

        8. Article 10 Scope of the applicable law

          1. 1.The law applicable to a contract by virtue of Articles...

          2. 2.In relation to the manner of performance and the steps...

        9. Article 11 Incapacity

        10. Article 12 Voluntary assignment

          1. 1.The mutual obligations of assignor and assignee under a voluntary...

          2. 2.The law governing the right to which the assignment relates...

        11. Article 13 Subrogation

          1. 1.Where a person (“the creditor”) has a contractual claim upon...

          2. 2.The same rule applies where several persons are subject to...

        12. Article 14 Burden of proof, etc.

          1. 1.The law governing the contract under this Convention applies to...

          2. 2.A contract or an act intended to have legal effect...

        13. Article 15 Exclusion of renvoi

        14. Article 16 Ordre public

        15. Article 17 No retrospective effect

        16. Article 18 Uniform interpretation

        17. Article 19 States with more than one legal system

          1. 1.Where a State comprises several territorial units each of which...

          2. 2.A State within which different territorial units have their own...

        18. Article 20 Precedence of Community law

        19. Article 21 Relationship with other conventions

        20. Article 22 Reservations

          1. 1.Any Contracting State may, at the time of signature, ratification,...

          2. 2.Any Contracting State may also, when notifying an extension of...

          3. 3.Any Contracting State may at any time withdraw a reservation...

      3. Title III Final Provisions

        1. Article 23

          1. 1.If, after the date on which this Convention has entered...

          2. 2.Any signatory State may, within six months from the date...

          3. 3.If no signatory State has requested consultations within this period...

        2. Article 24

          1. 1.If, after the date on which this Convention has entered...

          2. 2.The procedure referred to in the preceding paragraph need not...

        3. Article 25

        4. Article 26

        5. Article 27

          1. 1.This Convention shall apply to the European territories of the...

          2. 2.Notwithstanding paragraph 1: (a) this Convention shall not apply to...

          3. 3.Such declarations may be made at any time by notifying...

          4. 4.Proceedings brought in the United Kingdom on appeal from courts...

        6. Article 28

          1. 1.This Convention shall be open from 19 June 1980 for...

          2. 2.This Convention shall be subject to ratification, acceptance or approval...

        7. Article 29

          1. 1.This Convention shall enter into force on the first day...

          2. 2.This Convention shall enter into force for each signatory State...

        8. Article 30

          1. 1.This Convention shall remain in force for 10 years from...

          2. 2.If there has been no denunciation it shall be renewed...

          3. 3.A Contracting State which wishes to denounce shall, not less...

          4. 4.The denunciation shall have effect only in relation to the...

        9. Article 31

        10. Article 32

        11. Article 33

    2. SCHEDULE 2

      The Luxembourg Convention

      1. Article 1

      2. Article 2

      3. Article 3

      4. Article 4

      5. Article 5

      6. Article 6

    3. SCHEDULE 3

      The Brussels Protocol

      1. Article 1

      2. Article 2

      3. Article 3

        1. 1.The competent authority of a Contracting State may request the...

        2. 2.The interpretation given by the Court of Justice in response...

        3. 3.The Procurators-General of the Supreme Courts of Appeal of the...

        4. 4.The Registrar of the Court of Justice shall give notice...

        5. 5.No fees shall be levied or any costs or expenses...

      4. Article 4

        1. 1.Except where this Protocol otherwise provides, the provisions of the...

        2. 2.The Rules of Procedure of the Court of Justice shall,...

      5. Aarticle 5

      6. Article 6

        1. 1.To enter into force, this Protocol must be ratified by...

        2. 2.Any ratification subsequent to the entry into force of this...

      7. Article 7

      8. Article 8

      9. Article 9

      10. Article 10

      11. Article 11

    4. SCHEDULE 4

      Consequential Amendments

      1. The Equal Pay Act 1970 (c. 41)

        The Equal Pay Act (Northern Ireland) 1970 (c. 32 (N.I.))

        1. 1.In Section 1(11) of the Equal Pay Act 1970 and...

      2. The Consumer Credit Act 1974 (c. 39)

        1. 2.In sections 43(2)(c) and 145(3)(c) and (4)(b) of the Consumer...

      3. The Patents Act 1977 (c. 37)

        1. 3.In section 82(5) and (6) of the Patents Act 1977,...

      4. The Unfair Contract Terms Act 1977 (c. 50)

        1. 4.In section 27(1) of the Unfair Contract Terms Act 1977,...

      5. The Aviation Security Act 1982 (c. 36)

        1. 5.In section 19(5) of the aviation security act 1982, for...

      6. The Income and Corporation Taxes Act 1988 (c. 1)

        1. 6.In section 347b(1)(a) of the Income and Corporation Taxes Act...

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources