Las relaciones entre el Reglamento Roma I y los convenios internacionales sobre conflictos de leyes en materia contractual

Abstract

The relationship between the Rome I Regulation on the law applicable to contractual obligations and international conventions containing conflict-of-law rules in contractual matters is a complex one. While the new regime replaces the Rome Convention on the law applicable to contractual obligations of 19 June 1980 (except in Denmark and in some overseas territories), other existing legal instruments such as the Hague Convention on the law applicable to international sales of goods of 1955 or the Hague Convention on the Law Applicable to Agency of 1978 will keep applying in some Member States. Loyal cooperation within the Hague Conference on Private International Law and the desire non to impair the results achieved by some Member States in respect of universal cooperation in this field are among the reasons justifying the options taken by the Regulation on this issue. The stipulation of future conventions on the law applicable to contracts (or specific issues related to contracts) falls within the external competence of the European Community. Action in this respect might soon be taken concerning texts elaborated within the United Nations Commission on International Trade Law, the International Institute for the Unification of Private Law and the Hague Conference.