Los contratos internacionales de distribución comercial en el Reglamento Roma I

Abstract

Within the framework of the Rome I Regulation, there are two suitable and legal instruments for offsetting the negative outcomes that occur in relation to the international distribution contracts, which is a consequence of the wide party autonomy granted by article 3 of the Regulation. The first legal instrument is the general clause that appears in 4th paragraph. It shall be applied when the relevant elements of the distribution contract are located in the Member States. The second legal instrument would be the mandatory rules. In the absence of the parties' choice of applicable law, we should follow the special conflict-of-law rules. These rules are set down in article 4.1 e) and f). Behind these rules there exists, although not forcibly stated, the principle of the protection of the weaker party, the distributor.