Abstract: The Rome 1980 Convention on the Law Applicable to Contractual Obligations applies in any situation involving a choice between the laws of different countries – Article 1(1). There is no further elucidation of the expression, although the Giuliano/Lagarde Report says that the relevant situations are the ones which involve one or more elements foreign to the internal system of a country, such as the nationality or residence of the parties or the place of contracting or the place of performance, which result in the legal systems of more than one country having a claim to apply. The 1972 Draft Convention on the law applicable to contractual and non-contractual obligations was menat to apply to situations of an international character and, this is exactly why it was critised on the ground that it might be limited to so-called international contracts. Unfortunately, the new definition present in Article 1(1) gives rise to new dilemma.
Keywords: Rome C1980 Convention, contract law, conflict of laws.