The absence of choice

In aansluiting op dit bericht van gisteren over het Proposal for a regulation of the european parliament and the council on the law applicable to contractual obligations (Rome I), hierbij nog article 4 en een link naar de verordening.

Article 4 – Applicable law in the absence of choice

1. To the extent that the law applicable to the contract has not been chosen in accordance with Article 3, the contract shall be governed by the law determined as follows:

f) a contract relating to intellectual or industrial property rights shall be governed by the law of the country in which the person who transfers or assigns the rights has his habitual residence;
g) a franchise contract shall be governed by the law of the country in which the franchised person has his habitual residence;
h) a distribution contract shall be governed by the law of the country in which the distributor has his habitual residence.

2. Contracts not specified in paragraph 1 shall be governed by the law of the country in which the party who is required to perform the service characterising the contract has his habitual residence at the time of the conclusion of the contract. Where that service cannot be identified, the contract shall be governed by the law of the country with which it is most closely connected.