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Three Articles on Contract Law Comparison Essay

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Updated: Sep 15th, 2021

“Choice of Law in Contract under the Rome Convention” – Author: Jonathan Hill

The article examines substantial body of case law in the UK on the interpretation of Articles 3 and 4 of the Rome Convention on the law applicable to contractual obligations which emerged in 2000. In this article Jonathan Hill points out that, although the cases show that the courts have had few problems in practice with Article 3, they have struggled with nearly all the difficult questions thrown up by Article 4, in particular the relationship between Article 4(2) and Article 4(5) (Jonathan Hill, 2004).

The article further tells us that, the decisions of the courts reveal certain weaknesses, but the situation is unlikely to improve until the Rome Convention is amended (in the context of its translation into an EC Regulation) and/or the Court of Justice acquires jurisdiction to interpret its provisions (Jonathan Hill, 2004).

“Choice of Law in Contract” Author: Simon Atrill

In this work Simon Atrill tells us how Article 4 of the Rome Convention determines the law governing a contract in the absence of choice by the parties (Simon Atrill, 2004). The author points that despite its practical importance, and several decisions of the Court of Appeal, the correct construction of Article 4 remains unclear (Simon Atrill, 2004). This paper considers the existing approaches and the Commission’s proposal for reform, ventures to suggest an alternative, and analyses the recent cases in this light (Simon Atrill, 2004).

“Contractual Freedom in the Conflict of Laws” – Jonathan Harris

In this article Jonathan Harris examines how in the Conflict of Laws, the validity of a contract with one or more foreign law elements will be decided by reference to the so-called “proper law” of the contract (Jonathan Harris, 2000).

The article also examines how the Contracts (Applicable Law) Act 1990 formally incorporates the Convention on the Law Applicable to Contractual Obligations the “Rome Convention”) opened for signature in Rome on 19th June 1980 and signed by the United Kingdom on 7th December 1981 (Jonathan Harris, 2000).

It further explores the Convention on the Accession of the Hellenic Republic to the Rome Convention (the “Luxembourg Convention”) signed by the United Kingdom in Luxembourg on 10th April 1984 (Jonathan Harris, 2000). Additionally gives insights on the first Protocol on the Interpretation of the Rome Convention by the European Court (the “Brussels Protocol”) signed by the United Kingdom in Brussels on 19th December 1988 (Jonathan Harris, 2000).

From the above examination of the three articles the article which is best is the one by Author: Jonathan Hill that is “Choice of Law in Contract under the Rome Convention”. This is because it gives more insights on the challenges faced by individuals in international transactions while undertaking contracts with respect to Rome Convention.

References

Journal: The International and Comparative Law Quarterly Publication: Oxford: Apr 2004. Vol. 53, Iss. 2; p. 325.

Journal: Oxford Journal of Legal Studies Publication: Oxford: 2000. Vol. 20, Iss. 2; p. 247.

Journal: The International and Comparative Law Quarterly Publication: Oxford: Jul 2004. Vol. 53, Iss. 3; p. 549.

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IvyPanda. 2021. "Three Articles on Contract Law Comparison." September 15, 2021. https://ivypanda.com/essays/three-articles-on-contract-law-comparison/.

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IvyPanda. (2021) 'Three Articles on Contract Law Comparison'. 15 September.

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