The Rome Convention and Rome I Regulation on the law applicable to contractual obligations

Rome Convention and Rome I Regulation on the law applicable to contractual obligations From 17 December 2009 the courts of all EU Member States other than Denmark are obliged to determine the applicable law for contracts with an international element entered into on or after this date on the basis of a Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (the Regulation). The Regulation applies to most commercial and civil law contracts. These rules are not a radical departure from the rules previously applicable in the Czech Republic, i.e. the Rome Convention on the law applicable to contractual obligations from 1980 (the Convention). The Convention was published in the Collection of the International Treaties as notification No 64/2006 Coll. and it applies to contracts concluded after 1 July 2006. Where neither the Convention nor the Regulation applies, the Czech courts will generally look to the relevant national law, Act No 97/1963 Coll. on Private International and Procedural Law as amended. The purpose of this thesis was to provide an overview of some of the most important provisions of the Regulation in comparison to the Convention, to highlight the areas of change in this new instrument. The first part of the..