Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Russian Civil Code and the Rome Convention: Implied Choice of the Governing Law

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of Review of Central and East European Law
For more content, see Review of Socialist Law.

In this article, the author compares the provisions of the 1980 European Convention on the Law Applicable to Contractual Obligations (Rome Convention) and the 1994 Russian Civil Code on implied choice of a governing law (the provisions of Article 3 of the Convention and Article 1210(2) of the Code). He begins with an examination of whether the Code and the Convention allow the use of the same factual data for inferring an implied choice; goes on to analyze whether the relationship between the terms and the circumstances is the same under these two instruments; and concludes by testing whether the Code and the Convention demand the same level of certainty in inferring a choice.

This research enriches the methodological background to the rules set forth in Article 1210(2) of the RF Civil Code, as the Russian case law on the subject is quite elementary at present and courts and lawyers, therefore, lack any firm guidance.

The author shows that a prima facie similarity in the possible use of terms and circumstances in the Convention and the Code is misleading. Many circumstances that are well-settled under the Convention (e.g., the choice of a particular forum, reference in a contract to a national statute, use of standard forms, etc.) are likely to be ignored in Russia. Furthermore, there is a difference between terms and circumstances in the instruments examined. This difference has its roots in the general provisions of the RF Civil Code (Part I). The implication of a choice in the Code demands such a high standard of certainty that it renders the regulation of the Code substantially different from that of the Convention.


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Review of Central and East European Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation