Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (c. 593)

CHAPTER IIIU.K.OTHER PROVISIONS

Article 19U.K.Habitual residence

1.For the purposes of this Regulation, the habitual residence of companies and other bodies, corporate or unincorporated, shall be the place of central administration.

The habitual residence of a natural person acting in the course of his business activity shall be his principal place of business.

2.Where the contract is concluded in the course of the operations of a branch, agency or any other establishment, or if, under the contract, performance is the responsibility of such a branch, agency or establishment, the place where the branch, agency or any other establishment is located shall be treated as the place of habitual residence.

3.For the purposes of determining the habitual residence, the relevant point in time shall be the time of the conclusion of the contract.

Article 20U.K.Exclusion of renvoi

The application of the law of any country specified by this Regulation means the application of the rules of law in force in that country other than its rules of private international law, unless provided otherwise in this Regulation.

Article 21U.K.Public policy of the forum

The application of a provision of the law of any country specified by this Regulation may be refused only if such application is manifestly incompatible with the public policy (ordre public) of the forum.

Article 22U.K.States with more than one legal system

1.Where a State comprises several territorial units, each of which has its own rules of law in respect of contractual obligations, each territorial unit shall be considered as a country for the purposes of identifying the law applicable under this Regulation.

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Textual Amendments

F1Art. 22(2) omitted (31.12.2020) by virtue of The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/834), regs. 1, 10(8); 2020 c. 1, Sch. 5 para. 1(1)

Article 23U.K.Relationship with other provisions of [F2retained EU law]

With the exception of Article 7, this Regulation shall not prejudice the application of provisions of [F2retained EU law] which, in relation to particular matters, lay down conflict-of-law rules relating to contractual obligations.

Textual Amendments

F2Words in Art. 23 substituted (31.12.2020) by The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/834), regs. 1, 10(9); 2020 c. 1, Sch. 5 para. 1(1)

Article 24U.K.Relationship with the Rome Convention

[F31.This Regulation replaces the provision made by section 2 of, and Schedule 1 to, the Contracts (Applicable Law) Act 1990.]

2.In so far as this Regulation replaces the [F4provision made by section 2 of, and Schedule 1 to, the Contracts (Applicable Law) Act 1990], any reference to [F4the Rome] Convention shall be understood as a reference to this Regulation.

Textual Amendments

F3Art. 24(1) substituted (31.12.2020) by The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/834), regs. 1, 10(10)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4Words in Art. 24(2) substituted (31.12.2020) by The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/834), regs. 1, 10(10)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 25U.K.Relationship with existing international conventions

1.This Regulation shall not prejudice the application of international conventions to which [F5the United Kingdom was a party] at the time when this Regulation [F6was adopted] and which lay down conflict-of-law rules relating to contractual obligations.

2.However, this Regulation shall, as between [F7relevant states], take precedence over conventions concluded exclusively between two or more of them in so far as such conventions concern matters governed by this Regulation.

Textual Amendments

F5Words in Art. 25(1) substituted (31.12.2020) by The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/834), regs. 1, 10(11)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F6Words in Art. 25(1) substituted (31.12.2020) by The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/834), regs. 1, 10(11)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F7Words in Art. 25(2) substituted (31.12.2020) by The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/834), regs. 1, 10(11)(b); 2020 c. 1, Sch. 5 para. 1(1)