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THE APPLICABLE LAW

THE APPLICABLE LAW. Olivier BEDDELEEM International Trade Contracts ISEG. I- The Rome Convention. Presentation of the Rome convention. II- The choice of the applicable law. A- Freedom of choice B- Limits to the power to choose. III- Absence of choice. Rome Convention Art 4

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THE APPLICABLE LAW

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  1. THE APPLICABLE LAW Olivier BEDDELEEM International Trade Contracts ISEG

  2. I- The Rome Convention • Presentation of the Rome convention

  3. II- The choice of the applicable law • A- Freedom of choice • B- Limits to the power to choose

  4. III- Absence of choice • Rome Convention Art 4 • A) Close connection

  5. B) Presumption : Characteristic performance • Definition : What a party receives in exchange of a payment • Example : A sells 10 computers to B for 10.000 Euros

  6. IV- Weak parties protection • A- Labour contract • B- Consumer contract

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