REGULATION (EC) NO. 593/2008 (ROME I) SPECIAL RULES TO DETERMINE APPLICABLE LAW TO INTERNATIONAL CARRIAGE CONTRACTS
REGULATION (EC) NO. 593/2008 (ROME I) SPECIAL RULES TO DETERMINE APPLICABLE LAW TO INTERNATIONAL CARRIAGE CONTRACTS

Summary/Abstract: Contracts of carriage acquire an international dimension when concluded between natural or legal persons who have ordinary residence or domicile in different states. The international character generates conflict of laws and raises the question which of the laws of the states in attendance will govern relations between the parties. From this perspective, identifying uniform criteria for determining the law governing such contracts present a real interest, resulted in the European Union level by adopting simple and uniform solutions. Uniform rules of conflict in the field of international carriage contracts are found originally regulated under the Rome Convention on the law governing contractual obligations in 1980, later replaced by Regulation (EC) No. 593/2008, which makes some substantial changes in both systematic plan and at content level. The new architecture of rules applicable to carriage matter regards the particularity that is tailored to the unique characteristics of this type of contract, which by its “dynamic” does not allow establishment of a close connection with the contract only within a particular state, and at the same time, provides an appropriate framework for the protection of passengers considered as a weaker part of the legal relationship, in international passenger carriage contracts.

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