Rome Convention | Practical Law

Rome Convention | Practical Law

Rome Convention

Rome Convention

Practical Law UK Glossary 6-501-0374 (Approx. 5 pages)

Glossary

Rome Convention

The EU Convention on the law applicable to contractual obligations. It was enacted in the UK by the Contracts (Applicable Law) Act 1990 (C(AL)A 1990), which entered into force on 1 April 1991. Its provisions determine the law governing contracts made between 1 April 1991 and 16 December 2009.
The Rome Convention applied to the UK during the UK-EU transition period. At the end of the transition period (at 11.00 pm (UK time) on 31 December 2020):
  • The Rome Convention stopped applying to the UK on a reciprocal basis.
  • The Rome Convention was converted into UK law as retained EU law, and was amended by UK legislation.
  • The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (UK Exit) Regulations 2019 (SI 2019/834) (Regulations) came into force. The Regulations amend the C(AL)A 1990, including the English text of the Rome Convention which is set out in Schedule 1 to the C(AL)A 1990. (The amendments do not change the substance of the rules in the Rome Convention, but seek to ensure that they continue to operate effectively in domestic law from the end of the transition period.) The retained EU law version of the Rome Convention (as amended), therefore, continues to apply as domestic law in all parts of the UK to determine the applicable law of contracts entered into between 1 April 1991 and 16 December 2009.
For further information on the implications of Brexit for the Rome Convention, see Practice note, Brexit: implications for civil justice and judicial co-operation.
For further information on the Rome Convention, see Practice note, Governing law: contracts made before 17 December 2009.