Review article
European private international law of contractual obligations de lege lata and ferenda
Krešimir Sajko
Abstract
The article, dedicated to F.C.A. Barbić, compares the relevant solutions from the Rome Convention on the law applicable to contractual obligations of 1968 (the Convention) with regulations of the Regulation proposed by the European Parliament and the Council of 2006, which significantly alter the Convention. In addition, the author answers the question on the present and future relations between the Croatian law and European private international contractual law.
The analysis focuses on defining the Convention's field of application and the Regulation, details of the area of applicable law, the renvoi institute, paying particular attention to mutual relations. As opposed to the Convention, for subordinate applicable law permanent residence is determined by correlation, with the exclusion of evidence on the existence of closer law.
Croatia does not have the international obligation to harmonize its rules on conflict of laws with the EU law. When Croatia becomes a member of the EU, European law in general, including European private international contractual law, will be incorporated into its legal corpus.
Keywords
Present and future European solutions on applicable law for contractual obligation - Convention of 1968 and the proposed Regulation of 2006; the area of application of the Convention and the Regulation; correlations; present and future relation between Eu
Hrčak ID:
6464
URI
Publication date:
5.12.2006.
Visits: 5.255 *