Regulamentul (CE) nr. 593/2008 al Parlamentului şi al Consiliului privind legea aplicabilă obligaţiilor contractuale (Roma I). Aspecte generale. Libertatea de alegere a legii aplicabile. Normele de aplicare imediată
REGULATION (EC) No 593/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 June 2008 on the law applicable to contractual obligations (Rome I). General aspects. Freedom to choose the applicable law. Rules of imediate application

Summary/Abstract: Regulation (EC) No 593/2008 on the applicable law to contractual obligations (Rome I) harmonises conflict-of-law rules and facilitating the mutual recognition of judgments. This Regulation shall replace the Rome Convention in the Member States, from 17 December 2009 to contracts concluded after that date. According article 1 par.1, this Regulation shall apply, in situations involving a conflict of laws, to contractual obligations in civil and commercial matters. Conflict of laws means a situation where a legal relationship with an extraneous element is susceptible to being governed by two or more laws of different systems of law. The source of the conflict of laws is the foreign element. Conflict of laws is resolved by conflict rule. The parties' freedom to choose the applicable law should be one of the cornerstones of the system of conflict-of-law rules in matters of contractual obligations. According article 3 of regulation, a contract shall be governed by the law chosen by the parties. The existence and validity of the consent of the parties as to the choice of the applicable law shall be determined in accordance with the law that the parties have designated to govern the act. The parties may choose the applicable law at any time: before the contract is concluded, once the contract is concluded or subsequently. The law chosen by the parties can be changed at any time. A limitation of the parties autonomy of will in choosing the applicable law is the overriding mandatory provisions. The Rome I Regulation defines the overriding mandatory provisions in article 9 paragraph 1, as those provisions the respect for which is regarded as crucial by a country for safeguarding its public interests, such as its political, social or economic organisation, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the contract under this Regulation. In interpreting this provision, the Court of Justice of the European Union states that, as a measure derogating from the principle of the free choice of law applicable by the parties to the contract, Article 9 of the Rome I Regulation is a strict interpretation (CEJ, C-135/15, Nikiforidis, EU:C:2016:774).

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