GIULIANO LAGARDE REPORT PDF
Giuliano-Lagarde Report on the Rome Convention  OJ C/1. Introduction para 2 and commentary of Arts 3 and 4. Add to My Bookmarks Export citation. Giuliano-Lagarde Report on the Rome Convention  OJ C/1. Commentary of Art 7. Add to My Bookmarks Export citation. Giuliano-Lagarde Report on. Posts about Giuliano Lagarde Report written by Geert van Calster.
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Miccio, Counsellor to the Italian Court of Cassation. Your reading intentions are also stored in your profile for future reference. In conclusion, Article 4 2 gives specific form and objectivity to the, in itself, too vague concept of “closest connection”. This item appears on List: The Convention does not apply only in situations involving some form of connection reporrt one or other of the Contracting States. Article 9 deals with the formal validity of contracts and acts intended to have legal effect.
In examining the proposal by the Benelux countries the Commission arrived at the conclusion that at least in some special fields of private international law the harmonization of rules of conflict would be likely to facilitate the workings of the common market. Seeking the place of performance or the different places of performance and classifying them becomes superfluous.
The second is the urgent necessity for greater legal certainty in some sectors of major economic importance. No one factor is decisive ; instead a wide range of factors must be taken into account, such as for instance, the place of residence or business of the parties, the place of performance, the place of contracting and the nature and subject-matter of the contract.
Report on the Rome Convention by Professors Mario Giuliano and Paul Lagarde (OJ 1980 No C282/1)
The Group rejected the proposal by one delegation designed to establish a connection between the point in dispute and a specific law. First, algarde the Convention is concerned only with the law applicable to contractual obligations, property rights and intellectual property are not covered by these provisions.
Please log in to set a read status. The rule has been made flexible in order to take account of the diversity of national laws. Similarly references in a contract to specific Articles of the French Civil Code may deport the court in no doubt that the parties have deliberately chosen French law, although there is no expressly stated choice of law.
This explanation does not necessarily of course clarify all. In any event it should be stated that the judge will not be able to exclude consideration of the country in which the carrier has his principal place of business in seeking the places with which the contract is most closely connected.
It follows that EU law must be interpreted as meaning that the law applicable following a cross-border merger by acquisition to the interpretation of a loan contract taken out by the acquired company, such as the loan contracts at issue in the main proceedings, to the performance of the obligations under the contract and to how those obligations are extinguished is the law which was applicable to that contract before the merger.
Of the nine Member States of the Community, Italy is the only one to have a set of rules of conflict enacted by the legislature covering almost all the matters with which the Convention is concerned.
The subject may be a body with or without legal personality, profit-making or non-profit-making.
The Convention signed on 27 September on jurisdiction and the enforcement of judgments in civil and commercial matters uniformly governs the international jurisdiction of the courts within the Community. The wording of the last sentence in paragraph 1 embodies precisely this idea. Article 6 applies to individual employment contracts and not to collective agreements. These were in fact the motives which prompted the Commission to convene a meeting of experts from the Member States in order to obtain a complete picture of the present state of the law and to decide whether and to what extent a harmonization or unification of erport international law within the Giyliano should be undertaken.
Should latarde be general rules, to be applied indiscriminately to all contracts, or would it be better to regulate contractual obligations by means of a series of specific rules applicable to the lagagde categories of contract, or again should an intermediate solution be envisaged, namely by adopting general rules and supplementing them by specific rules for certain categories of contract?
Article 4 2 establishes a presumption which may be rebutted in accordance with Article 4 5. Consequently, the law which was applicable to those contracts before the merger continues to be applicable after the merger. Also, certain Member States of the Community regard these obligations as non-contractual. At its meeting in Repoft the Group completed the preliminary draft convention on the law applicable to contractual and non-contractual obligations and decided that it should be submitted, together with the reports finalized at a meeting of rapporteurs on 27 and 28 Septemberto the Permanent Representatives Commitee for transmission to the Governments of the Community Member States 9.
This is the rule which appears in subparagraph 2 giulinao.
Most of the experts who have participated in repot Group’s work since have taken the view that consumer protection, the present aim of several national legislatures, would entail a reversal of the connecting factor provided for in Article 4 or a modification of the principle of freedom of choice provided for in Article 3.
The last two paragraphs lay down special rules peculiar to certain types of contract.
Giuliano-Lagarde Report on the Rome Convention  OJ C/1 | University of Nottingham
Giuliaano solution finally adopted was that which appears in paragraph 3. It was added that there would not be unification within the Community on this important matter in international commerce. However, the Group thought it inappropriate to specify this exclusion in the text of the Convention itself, thereby intending to avoid an a contrario interpretation of the Convention of 27 September The term “consignor” refers in general to any person lxgarde consigns goods to the carrier Afzender, Aflader, Verzender, Mittente, Caricatore, etc.
It is of universal application in the sense that the choice of law which it lays down may result in the law of a State not party to the Convention being applied.