Abstract
The issue of overriding mandatory rules is a common topic in the area of private international law. It concerns rules that apply to private law relationships with an international element regardless of the other-wise applicable law.
This article researches overriding mandatory rules, their distinctions from mandatory rules, their applicability from the perspective of the trying forum, their connection to the public policy excep-tion, the application of overriding mandatory rules, and observing their effects. The following part explores international codification of overriding mandatory rules, mainly a Rome I Regulation.
The appropriate CJEU case law is commented in detail in Ingmar C-381/98, Unamar C-184/12, Nikiforidis C-135/15, Verein für Konsu-menteninformation C-191/15 and C-272/18, Agro C-507/15, and Da Silva Martins v Dekra C-149/18. Towards the end, the author reflects upon whether a legal regulation of overriding mandatory rules in national law is still meaningful or whether the time has come for a new solution. (C) 2021, Academy of Sciences of the Czech Republic, Institute of State and Law.
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