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Contracts (Applicable Law) Act 1990

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  1. Introductory Text

  2. 1.Meaning of “the Rome Convention”

  3. 2.Application of the Rome Convention

  4. 3.Interpretation of the Rome Convention.

  5. 4. Revision of Conventions etc.

  6. 4A.Disapplication where the rules in the Rome I Regulations apply: England and Wales and Northern Ireland

  7. 4B.Disapplication where the rules in the Rome I Regulation apply: Scotland

  8. 5. Consequential amendments.

  9. 6. Application to Crown.

  10. 7. Commencement.

  11. 8. Extent.

  12. 9. Short title.

  13. SCHEDULES

    1. SCHEDULE 1

      The Rome Convention

      1. Title I Scope of the Convention

        1. Article 1

        2. Scope of the Convention

          1. 1.The rules of this Convention shall apply to contractual obligations...

          2. 2.They shall not apply to: (a) questions involving the status...

          3. 3.The rules of this Convention do not apply to contracts...

          4. 4.The preceding paragraph does not apply to contracts of re–insurance....

        3. Article 2

        4. Application of law of a country outside of the United Kingdom

      2. Title II Uniform Rules

        1. Article 3

        2. Freedom of choice

          1. 1.A contract shall be governed by the law chosen by...

          2. 2.The parties may at any time agree to subject the...

          3. 3.The fact that the parties have chosen a foreign law,...

          4. 4.The existence and validity of the consent of the parties...

        3. Article 4

        4. Applicable law in the absence of choice

          1. 1.To the extent that the law applicable to the contract...

          2. 2.Subject to the provisions of paragraph 5 of this Article,...

          3. 3.Notwithstanding the provisions of paragraph 2 of this Article, to...

          4. 4.A contract for the carriage of goods shall not be...

          5. 5.Paragraph 2 shall not apply if the characteristic performance cannot...

        5. Article 5

        6. Certain consumer contracts

          1. 1.This Article applies to a contract the object of which...

          2. 2.Notwithstanding the provisions of Article 3, a choice of law...

          3. 3.Notwithstanding the provisions of Article 4, a contract to which...

          4. 4.This Article shall not apply to: (a) a contract of...

          5. 5.Notwithstanding the provisions of paragraph 4, this Article shall apply...

        7. Article 6

        8. Individual employment contracts

          1. 1.Notwithstanding the provisions of Article 3, in a contract of...

          2. 2.Notwithstanding the provisions of Article 4, a contract of employment...

        9. Article 7

        10. Mandatory rules

          1. 1.When applying under this Convention the law of a country,...

          2. 2.Nothing in this Convention shall restrict the application of the...

        11. Article 8

        12. Material validity

          1. 1.The existence and validity of a contract, or of any...

          2. 2.Nevertheless a party may rely upon the law of the...

        13. Article 9

        14. Formal validity

          1. 1.A contract concluded between persons who are in the same...

          2. 2.A contract concluded between persons who are in different countries...

          3. 3.Where a contract is concluded by an agent, the country...

          4. 4.An act intended to have legal effect relating to an...

          5. 5.The provisions of the preceding paragraphs shall not apply to...

          6. 6.Notwithstanding paragraphs 1 to 4 of this Article, a contract...

        15. Article 10

        16. Scope of the applicable law

          1. 1.The law applicable to a contract by virtue of Articles...

          2. 2.In relation to the manner of performance and the steps...

        17. Article 11

        18. Incapacity

        19. Article 12

        20. Voluntary assignment

          1. 1.The mutual obligations of assignor and assignee under a voluntary...

          2. 2.The law governing the right to which the assignment relates...

        21. Article 13

        22. Subrogation

          1. 1.Where a person (“the creditor”) has a contractual claim upon...

          2. 2.The same rule applies where several persons are subject to...

        23. Article 14

        24. Burden of proof, etc.

          1. 1.The law governing the contract under this Convention applies to...

          2. 2.A contract or an act intended to have legal effect...

        25. Article 15

        26. Exclusion of renvoi

        27. Article 16

      3. “Ordre public”

      4. Article 17

      5. No retrospective effect

      6. Article 18

      7. Uniform interpretation

      8. Article 19

      9. States with more than one legal system

        1. 1.Where a State comprises several territorial units each of which...

        2. 2.A State within which different territorial units have their own...

      10. Article 20

      11. Precedence of assimilated law

      12. Article 21

      13. Relationship with other conventions

      14. Article 22

      15. Reservations

      16. Title III Final Provisions

        1. Article 23

        2. Article 24

        3. Article 25

        4. Article 26

        5. Article 27

        6. Article 28

        7. Article 29

        8. Article 30

        9. Article 31

        10. Article 32

        11. Article 33

        12. PROTOCOL

    2. SCHEDULE 2

      The Luxembourg Convention

      1. The Secretary–General of the Council of the European Communities shall...

    3. SCHEDULE 3

      The Brussels Protocol

      1. Article 1

        1. ...

      2. Article 2

        1. Any of the courts referred to below may request the...

      3. Article 3

        1. ...

      4. Article 4

        1. ...

      5. Article 5

        1. ...

      6. Article 6

        1. ...

      7. Article 7

        1. ...

      8. Article 8

        1. ...

      9. Article 9

        1. ...

      10. Article 10

        1. ...

      11. Article 11

        1. ...

    4. SCHEDULE 3A

      THE FUNCHAL CONVENTION

      1. ...

      2. Article 1

        1. ...

      3. Article 2

        1. ...

      4. Article 3

        1. ...

      5. Article 4

        1. ...

      6. Article 5

        1. ...

      7. Article 6

        1. ...

      8. Article 7

        1. ...

    5. SCHEDULE 3B

      THE 1996 ACCESSION CONVENTION

      1. ...

      2. TITLE I General Provisions

        1. ARTICLE I

          1. ...

      3. TITLE II

      4. Adjustments to the Protocol annexed to the Convention of 1980

        1. ARTICLE 2

          1. ...

      5. TITLE III Adjustments to the First Protocol of 1988

        1. ARTICLE 3

          1. ...

      6. TITLE IV Final Provisions

        1. ARTICLE 4

          1. ...

        2. ARTICLE 5

          1. ...

        3. ARTICLE 6

          1. ...

        4. ARTICLE 7

          1. ...

        5. ARTICLE 8

          1. ...

    6. SCHEDULE 4

      Consequential Amendments

      1. The Equal Pay Act 1970 (c.41)

      2. The Equal Pay Act (Northern Ireland) 1970 (c.32 (N.I.))

        1. 1.In Section 1(11) of the Equal Pay Act 1970 and...

      3. The Consumer Credit Act 1974 (c.39)

        1. 2.In sections 43(2)(c) and 145(3)(c) and (4)(b) of the Consumer...

      4. The Patents Act 1977 (c.37)

        1. 3.In section 82(5) and (6) of the Patents Act 1977,...

      5. The Unfair Contract Terms Act 1977 (c.50)

        1. 4.In section 27(1) of the Unfair Contract Terms Act 1977,...

      6. The Aviation Security Act 1982 (c.36)

        1. 5.In section 19(5) of the aviation security act 1982, for...

      7. The Income and Corporation Taxes Act 1988 (c.1)

        1. 6.In section 347b(1)(a) of the Income and Corporation Taxes Act...

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