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The Convention on the Law Applicable to Contractual Obligations 1980, or the "Rome Convention", is a measure in private international law or conflict of laws which creates a common choice of law system in contracts within the European Union. The convention determines which law should be used, but does not harmonise the substance (the actual law). It was signed in Rome, Italy on 19 June 1980 and entered into force in 1991. It has now been replaced by the Rome I Regulation (593/2008)〔(593/2008 )〕 except for in Denmark, which has an opt-out from implementing regulations under the area of freedom, security and justice, and the Overseas countries and territories of European Union member states. In that respect, the convention is applicable in Aruba, the Caribbean Netherlands, Curaçao, Sint Maarten (Kingdom of the Netherlands), Faroer (Denmark), Saint-Pierre and Miquelon, Saint Barthélemy, French Polynesia, Wallis and Futuna and New Caledonia (France).〔(【引用サイトリンク】title=Agreement details ) for France, see Article 27〕 ==Scope of the convention== Under Article 1, the Convention's rules are to apply to all choice of law issues involving contractual obligations and, under Article 10, once selected, the ''lex causae'' will govern: :(a) interpretation; :(b) performance but, in relation to the manner of performance and the steps to be taken in the event of defective performance, regard shall be had to the ''lex loci solutionis'', i.e. law of the place in which performance takes place; :(c) within the limits of the powers conferred on the forum court by its procedural law, the consequences of breach, including the assessment of damages in so far as it is governed by rules of law; :(d) the various ways of extinguishing obligations, and the limitation of actions; and :(e) the consequences of nullity of the contract. Article 15 excludes the operation of renvoi. In addition, a number of issues with a separate characterisation are excluded, namely: *the status or capacity of natural persons. Article 11 covers the situation where two persons physically present in the same state make a contract, and both parties have capacity under the ''lex loci contractus''. One party cannot invoke incapacity under another law unless the other party was aware of this incapacity at the time the contract was made or was not aware of the incapacity as a result of negligence. *contractual obligations relating to succession and all rights claimed in property in a marriage or family relationship, particularly where the question of the entitlement of any child who is illegitimate is raised. *obligations arising under negotiable instruments including bills of exchange, cheques, and promissory notes and connected to their negotiable character; *arbitration agreements and agreements on the choice of court (see arbitration clauses and forum selection clauses); *questions governed by the law of companies and other bodies corporate or unincorporate such as the creation, by registration or otherwise, legal capacity, internal organisation or winding up of companies and other bodies corporate or unincorporate, and the personal liability of officers and members for the obligations of the company or body; *the question whether an agent is able to bind a principal, or an organ to bind a company or body corporate or unincorporate, to a third party; *the constitution of trusts and the relationship between settlors, trustees and beneficiaries (see trusts (conflict)); *evidence and procedure save that, under Article 14, the Applicable Law applies to the extent that it contains, in the law of contract, rules which raise presumptions of law or determine the burden of proof. Thus, under Article 14 (2) a contract or an act intended to have legal effect may be proved by any mode of proof recognised by the ''lex fori'' or by any of the laws referred to in Article 9 under which that contract or act is formally valid, provided that such mode of proof can be administered by the forum court. *the question of whether a contracts of insurance covers a risk situated in the territories of one of the Member States is determined under the municipal law of the relevant states. This exclusion does not apply to contracts of reinsurance. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Convention on the Law Applicable to Contractual Obligations 1980」の詳細全文を読む スポンサード リンク
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