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Harmonising European Private International Law: A Replay of Hannibal's Crossing of the Alps?

Published online by Cambridge University Press:  28 February 2019

Eleanor Cashin Ritaine
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In 218 BC, the Carthaginian general Hannibal (247-182) achieved a most extraordinary feat: he crossed both the Pyrenees Mountains and the Alps with an army of about 38.000 soldiers, 8.000 Cavalry and 37 elephants, aiming to win the Second Punic War by a bold invasion of Italy before the Romans were prepared. Even if his attempts to defeat the Roman legions failed in the end, common lore stills tells the story of the elephants crossing the Col du Mont Genevre in deep snow, setting thus an example of a near impossible achievement for generations to come.

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Articles
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International Journal of Legal Information , Volume 34 , Issue 2 , Summer 2006 , pp. 419 - 439
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Copyright © 2006 by the International Association of Law Libraries 

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References

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1. To the extent that the law applicable to the contract has not been chosen in accordance with Article 3, the contract shall be governed by the law determined as follows: Google Scholar

(a) a contract of sale shall be governed by the law of the country in which the seller has his habitual residence; Google Scholar

(b) a contract for the provision of services shall be governed by the law of the country in which the service provider has his habitual residence; Google Scholar

(c) a contract of carriage shall be governed by the law of the country in which the carrier has his habitual residence; Google Scholar

(d) a contract relating to a right in rem or right of user in immovable property shall be governed by the law of the country in which the property is situated; Google Scholar

(e) notwithstanding point (d), a lease for the temporary personal use of immovable property for a period of no more than six consecutive months shall be governed by the law of the country in which the owner has his habitual residence, provided the tenant is a natural person and has his habitual residence in the same country; Google Scholar

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(h) a distribution contract shall be governed by the law of the country in which the distributor has his habitual residence.Google Scholar

2. Contracts not specified in paragraph 1 shall be governed by the law of the country in which the party who is required to perform the service characterising the contract has his habitual residence at the time of the conclusion of the contract. Where that service cannot be identified, the contract shall be governed by the law of the country with which it is most closely connected.Google Scholar

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