The Rome Convention has followed the English notion of the proper law Essay

The Rome Convention has followed the English notion of the proper law of the contract very closely. Discuss with reference to case law and academic opinion - Essay Example ace has hitherto followed along the lines of English law on contract, notably on the issue of determination of the intention of the parties concerned. When commercial contracts are executed between two parties who belong to two different countries or where the contract is executed in one place and performance takes place in another, the parties sometimes specify clearly by which country’s law they choose to be governed in the event of any dispute arising out of the provisions of the contract. Article 3 of the Rome Convention become relevant when the parties concerned have specified their choice of law2 and any disputes in such cases are governed by the law of the country specified in the agreement. However, uncertainties arise only when no specific choice of law has been made in the contract between the two parties, or when there is a dispute between the parties as to which law they will agree to adopt for the resolution of the dispute and Article 4 becomes relevant in that case. According to the provisions of article 4, In making a determination about which country’s law is most connected, the characteristic performance will be the determining factor, which will depend upon the residence or office of the party responsible for administration of the contract.4 But this feature will not necessarily apply in all cases. The place of residence of the parties will not apply when from the circumstances of the case as a whole, the contract appears more closely connected with another country.† 4 The English law of contract has traditionally been governed by the free will theory of contract or consensus as idem, which was an expression of laissez faire philosophies, governed by the belief that parties have the ultimate freedom to contract and may draw up any terms that are acceptable to both of them, wherein the courts will not interfere with a free will agreement reached by the parties5. However, despite this subjective approach, the English Courts have