Overriding mandatory provisions in the law of third countries as a factor effecting the validity of contracts

Abstract

Contracts connected to more than one country often require the application of several legal systems at a time, where besides the primarily applicable law the legal systems of other countries also have an impact on the contract. One of these examples is the category of overriding mandatory provisions (in the EU: see Article 9 of the Rome I Regulation on the law applicable to contractual obligations). This paper discusses how the overriding mandatory provisions of third countries affect, inter alia, the validity of contracts, both from a theoretical and practical point of view.