Next (FIRST SCHEDULE The text in the English language of the 1980 Convention)

8 1991

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Number 8 of 1991


CONTRACTUAL OBLIGATIONS (APPLICABLE LAW) ACT, 1991


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Conventions to have force of law.

3.

Interpretation of Conventions.

4.

Short title and commencement.

FIRST SCHEDULE

The text in the English language of the 1980 Convention

SECOND SCHEDULE

The text in the English language of the 1984 Accession Convention

THIRD SCHEDULE

The text in the Irish language of the 1980 Convention

FOURTH SCHEDULE

The text in the Irish language of the 1984 Accession Convention


Act Referred to

European Communities Act, 1972

1972, No. 27

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Number 8 of 1991


CONTRACTUAL OBLIGATIONS (APPLICABLE LAW) ACT, 1991


AN ACT TO GIVE THE FORCE OF LAW TO THE CONVENTION ON THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS SIGNED AT ROME ON BEHALF OF THE STATE ON THE 19th DAY OF JUNE, 1980, AND THE CONVENTION ON THE ACCESSION OF THE HELLENIC REPUBLIC TO THE AFORESAID CONVENTION SIGNED AT LUXEMBOURG ON THE 10th DAY OF APRIL, 1984, AND TO PROVIDE FOR CONNECTED MATTERS. [8th May, 1991]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1. —In this Act—

the 1980 Convention” means the Convention on the law applicable to contractual obligations signed at Rome on behalf of the State on the 19th day of June, 1980;

the 1984 Accession Convention” means the Convention on the accession of the Hellenic Republic to the 1980 Convention signed at Luxembourg on the 10th day of April, 1984;

the Conventions” means the 1980 Convention and the 1984 Accession Convention;

the European Communities” has the same meaning as in section 1 of the European Communities Act, 1972 ;

the European Court” means the Court of Justice of the European Communities;

the Minister” means the Minister for Justice.

Conventions to have force of law.

2. —(1) Subject to subsection (2) of this section, the Conventions shall have the force of law in the State and judicial notice shall be taken of them.

(2) Article 7 (1) of the 1980 Convention shall not have the force of law in the State.

(3) For convenience of reference there are set out in the First , Second , Third and Fourth Schedules , respectively, to this Act—

(a) the text in the English language of the 1980 Convention,

(b) the text in the English language of the 1984 Accession Convention,

(c) the text in the Irish language of the 1980 Convention, and

(d) the text in the Irish language of the 1984 Accession Convention.

Interpretation of Conventions.

3. —(1) Judicial notice shall be taken of—

(a) any ruling or decision of, or expression of opinion by, the European Court on any question as to the meaning or effect of any provision of the Conventions, and

(b) the report referred to in subsection (2) of this section.

(2) The report by Professor Mario Giuliano and Professor Paul Lagarde on the 1980 Convention (which is reproduced in the Official Journal of the European Communities1) may be considered by any court when interpreting any provision of that Convention and shall be given such weight as is appropriate in the circumstances.

Short title and commencement.

4. —(1) This Act may be cited as the Contractual Obligations (Applicable Law) Act, 1991.

(2) (a) This Act, other than section 2 in so far as it relates to the 1984 Accession Convention, shall come into operation on such day or days as the Minister shall fix by order or orders either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and for different provisions.

(b) Section 2 of this Act shall, in so far as it relates to the 1984 Accession Convention, come into operation on such day or days as the Minister shall fix by order or orders either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions and any day so fixed may be the same day as a day fixed under paragraph (a) of this subsection or a different day.