A Few Observations on Choice of Law
pages 3 - 24
ABSTRACT:

This paper from the area of private international law addresses certain aspects of choice of law under the universal collision rules of Community law for contractual
obligations (Rome I Regulation) and non-contractual obligations (Rome II Regulation). The authors discuss the institution of choice of law from the vantage point of Czech private international law, and in doing so reflect on the differences
brought about by the fact that the Rome I Regulation came into being by way of a transformation of an international convention. Since these two rules of community law contain no longer any choice-of-law concept in its pure form, but various forms of limitations (of various origin and character and with various objectives) apply, the authors engage in an analysis of these individual types. Their rejection of the generally accepted doctrine according to which choice of law is permissible in intrastate (contractual and non-contractual) obligations appears controversial. In their view, situations that were possible at the time at which the Rome Convention on the Law Applicable to Contractual Obligations was still in force are no longer permissible under the Rome I and Rome II Regulations. Other limitations of the choice of law – such as the requirement that EU interests be respected or certain groups of entities be protected – have also found the interest of (and are in some cases being criticized by) the authors. 

keywords
Rome I Regulation
Rome II Regulation
conflict of laws
contractual obligation
non-contractual obligation
choice of law
limitation
foreign element
mandatory rules
overriding mandatory rules
consumer
lex mercatoria
about the authors

Prof. JUDr. Naděžda Rozehnalová, CSc. - professor of International and European Law at the Faculty of Law of Masaryk University. Areas of specialization: private international law, commercial international law, arbitration. Author of a host of scholarly monographs and articles in professional periodicals both in the Czech Republic and abroad. Since 2007, Dean of the Faculty of Law of Masaryk University. 

e-mail: nadezda.rozehnalova@law.muni.cz

JUDr. Jiří Valdhans, Ph.D. - research associate at the Department for international and European law at the Faculty of Law of Masaryk University. Areas of specialization: private international law, commercial international law, arbitration. His recent research focuses in particular on noncontractual obligations with a foreign element. He publishes in the Czech Republic and abroad.

e-mail: jiri.valdhans@law.muni.cz