Il Regolamento Roma I: forza di legge, effetti, contenuto

Abstract

Abstract: The transformation of the Rome Convention into a Council Regulation has immediate legal effects, due to the nature of the new legal instrument and should be studied carefully. Anyway, the application of the new conflict rules might be easier and, specially, they will be uniform for all the Member States. With the metamorphosis of the Rome Convention, the European Community has assumed a completely new role as a legislator much more important than the role played by the Hague Conference of Private International Law. The new Council Regulation keeps its general character and the quest for the Proper Law of the contract remains the same, as well as the party autonomy in the conflict of laws and the consumer protection. A new concept, the minimun Community standard emerges under the form of mandatory provisions. The new Council Regulation applies also to new fields in the world of contracts, until now excluded from the Rome Convention: insurance contracts, carriage of passengers. The revision clause contained in Art. 27 confirms the central role of the European Union as a true legislator in the field of the Conflict of Laws.