International Private
Law in Civil and Commercial Matters
Contract Law
- EC Regulation (No 593/2008)
of 17 June 2008 on the law applicable to contractual obligations ("Rome
I")
Scope: This Regulation applies
in situations involving a conflict of laws to contractual obligations
in civil and commercial matters.
Parties: All EU Member States are a party to this
Regulation, with the exception of Denmark and the United Kingdom
(therefore this Regulation is applicable with regard to Austria,
Belgium, Bulgaria, Cyprus, Czech Republic, Estonia, Finland, France,
Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg,
Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia,
Spain and Sweden).
- Convention
on the Law Applicable to Agency (the Hague, 14 March 1978)
[See
for more details: Dutch Treaty Data Base]
Scope: Determination of
the law applicable to relationships of an international character
arising where a person, the agent, has the authority to act, acts
or purports to act on behalf of another person, the principal, in
dealing with a third party.
Parties: Argentina, France, the Netherands and
Portugal.
Sale of Goods
- United
Nations Convention on Contracts for the International Sale of Goods
(CISG) (Vienna, 11 April 1980) [See
for more details: CISG-Data Base of Pace University] [See
also CISG Annotated Table of Contents] [more
information: www.unilex.info]
Scope: The adoption of
uniform rules which govern contracts for the international sale
of goods between parties whose places of business are in different
Contracting States. This Convention governs only the formation of
the contract of sale and the rights and obligations of the seller
and the buyer arising from such a contract. In principal it is not
concerned with (a) the validity of the contract or of any of its
provisions or of any usage, nor with ((b) the effect which the contract
may have on the property in the goods sold. This Convention does
not apply to the liability of the seller for death or personal injury
caused by the goods to any person.
Parties: Albania, Argentina, Armenia, Australia,
Belarus, Bosnia-Herzegovina, Burundi, Canada, Chile, China (PRC),
Colombia, Croatia, Cuba, Ecuador, Egypt, El Salvador, Gabon, Georgia,
Guinea, Honduras, Iceland, Iraq, Israel, Japan, South Korea, Kyrgyzstan,
Lebanon, Lesotho, Liberia, Macedonia, Mauritania, Mexico, Moldova,
Mongolia, Montenegro, New Zealand, Norway, Paraguay, Peru, Russian
Federation, Saint Vincent & Grenadines, Serbia, Singapore, Switzerland,
Syria, Uganda, Ukraine, United States, Uruguay, Uzbekistan and Zambia
(and the following EU Member States:) Austria, Belgium,
Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France
Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg,
the Netherlands, Poland, Romania, Slovakia, Slovenia, Spain and
Sweden.
Transportation Law
Scope: Standardizing the conditions
governing the contract for the international carriage of goods by
road, particularly with respect to the documents used for such carriage
and to the carrier's liability.This Convention appliesto every contract
for the carriage of goods by road in vehicles for reward, when the
place of taking over of the goods and the place designated for delivery,
as specified in the contract, are situated in two different countries,
of which at least one is a Contracting country, irrespective of the
place of residence and the nationality of the parties.
Parties Albania, Armenia, Azerbaijan, Belarus, Bosnia
and Herzegovina, Croatia, Georgia, Iran, Jordan, Kazakhstan, Kyrgyzstan,
Lebanon, Macedonia, Moldova, Mongolia, Montenegro, Morocco, Norway,
Russian Federation, Serbia, Switzerland, Syria, Tajikistan, Tunisia,
Turkey, Turkmenistan, Ukraine and Uzbekistan (and the following
EU Member States:) Austria, Belgium, Bulgaria, Cyprus, Czech
Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary,
Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands,
Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the
United Kingdom.
- Convention
for the Unification of Certain Rules for International Carriage by Air
(Montreal, 28 May 1999) [See
for more information on Warsaw Convention: UNIDROIT-Website]
Scope: This Convention applies
to all international carriage of persons, baggage or cargo performed
by aircraft for reward. It applies equally to gratuitous carriage
by aircraft performed by an air transport undertaking.
Parties Albania, Australia, Bahamas, Bahrain,
Bangladesh, Barbados, Belize, Benin, Bolivia, Bosnia and Herzegovina,
Botswana, Brazil, Burkina Faso, Cambodia, Cameroon, Canada, Cape
Verde, Central African Republic, Chile, China, Colombia, Cook Islands,
Costa Rica, Côte d'Ivoire, Croatia, Cuba, Dominican Republic,
Ecuador, Egypt, El Salvador, Gabon, Gambia, Ghana, Iceland, India,
Jamaica, Japan, Jordan, Kenya, Korea, Kuwait, Lebanon, Macedonia,
Madagascar, Malaysia, Maldives, Mali, Mauritius, Mexico, Moldova,
Mongolia, Mozambique, Namibia, New Zealand, Niger, Nigeria, Norway,
Oman, Pakistan, Panama, Paraguay, Peru, Qatar, Saint Vincent and
the Grenadines, Saudi Arabia, Senegal, Singapore, South Africa,
Sudan, Swaziland, Switzerland, Syria, Tanzania, Togo, Tonga, Turkey,
Ukraine, United Arab Emirates, United States, Uruguay, Vanuatu and
Zambia (and the following EU Member States:) Austria, Belgium,
Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, European Community,
Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia,
Lithuania, Luxembourg, Malta, Monaco, the Netherlands, Poland, Portugal,
Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.
- EC
Regulation (No 2027/97) of 9 October 1997 on air carrier liability in
respect of the carriage of passengers and their baggage by air (OJ 1997/L
285, 17), consolidated text after the amendment by EC Regulation (No
889/2002) of 13 May (OJ 2002 L 140, 2) [See
for more information: EUROPE.EU-Website]
Scope: This Regulation lays down
the obligations of Community air carriers in relation to liability
in the event of accidents to passengers for damage sustained in
the event of death or wounding of a passenger or any other bodily
injury suffered by a passenger, if the accident which caused the
damage so sustained took place on board an aircraft or in the course
of any of the operations of embarking or disembarking. This Regulation
also clarifies some insurance requirements for Community air carriers.
In addition, this Regulation sets down some requirements on information
to be provided by air carriers established outside the Community
which operate to, from or within the Community. After the amendment
by EC Regulation (No 889/2002) the Community arrangements are fully
in line with the rules of the Montreal Convention of 28 May 1999.
The aim is to harmonise liability limits and legal defences in respect
of European carriers, irrespective of the route (internal, intra-Community,
international) on which the accident occurs.
Parties: Austria, Belgium, Bulgaria, Cyprus, Czech
Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary,
Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands,
Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and
the United Kingdom.
See for more Treaties and Conventions on air transport,
road transport, rail transport, maritime transport, telecommunication
and postal and other communications the
website of the University of Oslo.
Tort (Unlawful Acts)
- EC Regulation (No 864/2007)
of 11 July 2007 on the law applicable to non-contractual obligations
("Rome II")
Scope: This Regulation applies
in situations involving a conflict of laws to non-contractual obligations
in civil and commercial matters. It shall not apply, in particular,
to revenue, customs or administrative matters or to the liability
of the State for acts and omissions in the exercise of State authority
(acta iure imperii).
Parties: All EU Member States are a party to this
Regulation, with the exception of Denmark (therefore this Regulation
is applicable with regard to Austria, Belgium, Bulgaria, Cyprus,
Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary,
Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands,
Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and
the United Kingdom.
- Convention
on the Law Applicable to Traffic Accidents (the Hague, 4 May 1971)
[See
for more details: Dutch Treaty Data Base]
Scope: Establishing common provisions
on the law applicable to civil non-contractual liability arising
from traffic accidents, entailing rules for the liability of manufacturers,
sellers or repairers of vehicles, for the responsibility of the
owner of a way open to traffic and for the safety of its users and
for vicarious liability, with the exception of the liability of
an owner of a vehicle, or of a principal, or of a master. Furthermore
this Convention entails rules for recourse actions among persons
liable, for subrogation in so far as insurance companies are concerned
and for actions and recourse actions by or against social insurance
institutions and other similar institutions..
Parties: Belarus, Bosnia and Herzegovina, Croatia,
Macedonia, Montenegro, Serbia and Switzerland (and the following
EU Member States:) Austria, Belgium, Czech Republic, France,
Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal,
Slovakia, Slovenia and Spain.
Scope: This Convention determines
the law applicable to the liability for damage caused by a product,
including damage in consequence of a misdescription of the product
or of a failure to give adequate notice of its qualities, its characteristics
or its method of use. It applies to the liability of the following
persons (1) manufacturers of a finished product or of a component
part; (2) producers of a natural product; (3) suppliers of a product;
(4) other persons, including repairers and warehousemen, in the commercial
chain of preparation or distribution of a product. Where the property
in, or the right to use, the product was transferred to the person
suffering damage by the person claimed to be liable, the Convention
shall not apply to their liability inter se.
Parties: Croatia, Macedonia, Montenegro, Norway and
Serbia (and the following EU Member States:) Belgium, Finland,
France, Italy, Luxembourg, the Netherlands, Portugal, Slovenia and
Spain.
Legal Persons
Trusts and Property Law
- Convention
on the Law Applicable to Trusts and on their Recognition (the Hague,
1 July 1985) [See
for more details: Dutch Treaty Data Base]
Scope: Acknowledgement that the
trust, as developed in courts of equity in common law jurisdictions
and adopted with some modifications in other jurisdictions, is a
unique legal institution. Establishment of common provisions on
the law applicable to trusts and to deal with the most important
issues concerning the recognition of trusts. For the purposes of
this Convention, the term "trust" refers to the legal
relationships created - inter vivos or on death - by a
person, the settlor, when assets have been placed under the control
of a trustee for the benefit of a beneficiary or for a specified
purpose.
Parties: Australia, Canada, China, Cyprus, France,
Italy, Liechtenstein, Luxembourg, Malta, Monaco, the Netherlands,
San Marino, Switzerland, the United Kingdom and the United States
of America.
- Convention
on the Law Applicable to Certain Rights in Respect of Securities held
with an Intermediary (the Hague, 5 July 2006*)
[See
for more details: Dutch Treaty Data Base]
Scope: This Convention determines
the law applicable to certain issues in respect of securities held
with an intermediary.
Parties: Mauritius, Switzerland and the United
States of America.
*) This Convention was adopted on 13 December
2002; on 5 July 2006 the United States of America and Switzerland
have joined the Convention, which gave the Convention its date
of 5 July 2006.
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