Contracts (Applicable Law) Act 1990 (c. 36)

SCHEDULES

SCHEDULE 1 U.K. The Rome Convention

Commencement Information

I1 Schedule 1 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

Title I U.K. Scope of the Convention

Commencement Information

I2 Schedule 1 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

Article 1 U.K.

Scope of the Convention U.K.

1 U.K. The rules of this Convention shall apply to contractual obligations in any situation involving a choice between the laws of different countries.

Commencement Information

I3 Schedule 1 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

2 U.K. They shall not apply to:

(a) questions involving the status or legal capacity of natural persons, without prejudice to Article 11;

(b) contractual obligations relating to:

• –wills and succession,

• –rights in property arising out of a matrimonial relationship,

• –rights and duties arising out of a family relationship, parentage, marriage or affinity, including maintenance obligations in respect of children who are not legitimate;

(c) 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;

(d) arbitration agreements and agreements on the choice of court;

(e) questions governed by the law of companies and other bodies corporate or unincorporate such as the creation, by registration or otherwise, legal capacity, internal organisation or winding up of companies and other bodies corporate or unincorporate and the personal liability of officers and members as such for the obligations of the company or body;

(f) the question whether an agent is able to bind a principal, or an organ to bind a company or body corporate or unincorporate, to a third party;

(g) the constitution of trusts and the relationship between settlors, trustees and beneficiaries;

(h) evidence and procedure, without prejudice to Article 14.

Commencement Information

I4 Schedule 1 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

3 U.K. The rules of this Convention do not apply to contracts of insurance which cover risks situated in the territories of the [F1 United Kingdom or any Member State] of the European Economic Community. F2 ...

Textual Amendments

F1 Words in Sch. 1 Art. 1(3) 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, 3(9)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Sch. 1 Art. 1(3) omitted (31.12.2020) by virtue of The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/834), regs. 1, 3(9)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I5 Schedule 1 wholly in force at 1.4.1991 see s. 7 and S.I.1991/707, art. 2

4 U.K. The preceding paragraph does not apply to contracts of re–insurance.

Commencement Information

I6 Schedule 1 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

Article 2 U.K.

[F3 Application of law of a country outside of the United Kingdom] U.K.

Textual Amendments

F3 Sch. 1 Art. 2 heading 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, 3(9)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

Any law specified by this Convention shall be applied whether or not it is the law of [F4 the United Kingdom or a part of the United Kingdom].

Textual Amendments

F4 Words in Sch. 1 Art. 2 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, 3(9)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I7 Schedule 1 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2