Rome I Regulation: Applicable Law in International Contracts

Extract

[...] The general rules 1. The validity of the choice of law clause Article 3 §1 and §5 Rome I = the contract is governed by the chosen law. The choice can be express or implied but certain. The existence and validity of the parties' consent to the choice of law clause are governed, inter alia, by Article 10 Rome I. Article 10 §2 Rome I = to establish that it did not consent to the choice of law, a party may refer to the law of the country in which it has its habitual residence if it is apparent from the circumstances that it would not be reasonable to determine the effect of this party's conduct in accordance with the chosen law. [...]

[...] Article 28 Rome I = the regulation applies to contracts concluded after 17 December 2009. In this case, it is necessary to verify the material, spatial, and temporal fields of application. Regarding the material field of application, there is indeed a conflict of law, since at least the French law and the German law are likely to apply, due to the nationality of each party, the place of conclusion of the contract and the place of its execution. The Kosovo law is also likely to apply under the choice of law clause. [...]

[...] However, the consumers habitually reside in France. Furthermore, the company does not seem to direct its activities towards France in a voluntary manner. In fact, the store has no website in French and does not make any advertising in France. The directors therefore only target the German public. Certainly, a delivery and installation in France are provided for in the contract. But it's only because the French consumers came on their own, without the company's will to conquer the French market of kitchens. [...]

[...] Franquin's anger exploded when he noticed that the contract included a choice of law clause in favor of Kosovo law. Mrs. Franquin was stunned: 'But finally, dear, how could I know that I was signing a choice of law clause, I trusted the saleswoman ' Mr. Franquin was taken aback by his wife's naivety and prayed that French law could somehow still apply (under European texts). Respond to the questions raised by Mrs. and Mr. Franquin while carefully respecting the methodology of the case study. [...]

[...] They are therefore consumers. Therefore, the contract is excluded from the scope of application of the Convention, as it is a consumer contract. Therefore, the Hague Convention of 1955 is inapplicable in this case. C. The Rome I Regulation Article 1 Rome I = The regulation applies, in situations involving a conflict of laws, to contractual obligations falling within the field of civil and commercial law. It does not apply, in particular, to matters of taxation, customs and administration, nor to other exclusions. [...]