Article 4 of the Rome I Regulation on the applicable law in the absence of choice – methodological analysis, considerations

Gülin Güneysu-Güngör

Chapter 9 in Research Handbook on EU Private International Law, 2026, pp 186-205 from Edward Elgar Publishing

Abstract: This chapter aims to analyse the conflict methods followed in Article 4 of the Regulation 593/2008 on the Law Applicable to Contractual Obligations (Rome I Regulation). Within this sphere, first, contracts covered by Article 4(1) and the specific presumptions as to the closest connection based on characteristic performance and other considerations have been examined. Second the general choice-of-law rule under Article 4(2) has been analysed. Third the displacement in favour of the law of the country of closest connection under Article 4(3) has been observed. Finally, the law of the country of the closest connection under Article 4(4) has been reviewed. It has been concluded in this chapter that the closest connection is the main principle underlying Article 4 and the Article reflects principled proximity and flexibility. It has also been put forward that the existence of Article 4(3) turns the choice-of-law rules in Article 4(1) and (2) of the Regulation into presumptions of the closest connection and flexible choice-of-law rules. The requirements of Article 4(3) are the principles of flexibility. It has, in addition, been concluded that Article 4(4) is a locksmith rule of this conflict system. Finally, both Articles 4(3) and 4(4) make use of an ad hoc method.

Keywords: Contracts Applicable Law; Rome I Regulation; Closest Connection; Principled Proximity; Flexibility (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035318681
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