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Agreed governing law v domestic mandatory laws (Banca Santander Totta v Companhia Carris de Ferro de Lisboa SA)

Agreed governing law v domestic mandatory laws (Banca Santander Totta v Companhia Carris de Ferro de Lisboa SA)
Published on: 20 December 2016
Published by: LexisPSL
  • Agreed governing law v domestic mandatory laws (Banca Santander Totta v Companhia Carris de Ferro de Lisboa SA)
  • Original news
  • What are the practical implications of this case?
  • Sources applicable when determining Rome Convention issues
  • What were the relevant provisions to be considered
  • Rome Convention
  • Portuguese Civil Code
  • What was the first instance decision
  • What is meant by 'elements relevant to the situation'
  • What elements should be considered under Rome Convention, art 3(3)?
  • More...

Article summary

Dispute Resolution analysis: The Court of Appeal, dismissing the first appeal from the Financial List, considered that while the law of another country might be relevant for domestic transactions, the parties’ choice of English governing law should be applied to the dispute. In doing so, it considered the proper meaning of Article 3(3) of the Convention on the Law Applicable to Contractual Obligations 1980 (the Rome Convention) and, on an obiter basis, its application, if any, to Article 437 of the Portuguese Civil Code (Article 437). or take a trial to read the full analysis.

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