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The Law Applicable to Contractual Obligations (Scotland) Regulations 2009
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- Scottish Statutory Instruments
- 2009 No. 410
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations implement Regulation (EC) No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I) (“Rome I”), which establishes uniform choice of law rules in the field of contractual obligations. Rome I enables courts in the European Community to determine the national laws to be applied in cases with a cross‑border dimension.
Regulation 2 disapplies the Contracts (Applicable Law) Act 1990 in relation to Scotland so that that Act does not apply to issues which fall to be determined under Rome I. That Act gave effect to the 1980 Rome Convention on the Law Applicable to Contractual Obligations, which is replaced by Rome I in relation to matters which are governed by Rome I.
Regulation 3 amends section 23A (private international law application) of the Prescription and Limitation (Scotland) Act 1973 so it does not apply to cases which fall to be determined by Rome I.
Regulation 4 extends the application of Rome I, with the exception of Article 7 (insurance contracts), to conflicts solely between the laws of Scotland, England and Wales and Northern Ireland and Gibraltar.
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