https://doi.org/10.31261/PPPM.2008.03.03
The article analyzes the phenomenon of dépeçage in the Rome Convention on the Law Applicable to Contractual Obligations. The author discusses various interpretations of this concept, focusing on the liberal and restrictive approaches. The possibility of broad dismemberment of a contract by applying separate systems to its individual aspects is critically evaluated. Based on the linguistic analysis of the Convention's provisions, the author advocates a restrictive understanding of dépeçage, allowing for dismemberment only in the case of contracts containing clearly separated, independent parts. In conclusion, the author emphasizes that this approach ensures greater legal certainty and is consistent with the principle of uniformity of the contract statute.
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Vol. 3 (2008)
Published: 2008-12-31
10.31261/PPGOS
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
English
Język Polski