Choice of Law Contract

This book provides a contractual framework for regulating party autonomy in choice of law, addressing the shortcoming of the party autonomy rule by integrating the law of contract and choice of law. It is a valuable resource for private international law scholars.

Format: Paperback / softback
Length: 288 pages
Publication date: 24 January 2019
Publisher: Bloomsbury Publishing PLC

This book provides a comprehensive contractual framework for regulating party autonomy in choosing the law applicable to their cross-border legal relationships. The party autonomy rule is a fundamental aspect of modern systems of choice of law, as it grants parties the freedom to agree on the law that governs their interactions. However, as this study reveals, the party autonomy rule has a significant weakness in that it fails to adequately recognize the contractual function of choice of law agreements.

To address this issue, the study conducts a thorough examination of the existing law on choice of law agreements, drawing from the laws of both common and civil law jurisdictions as well as international instruments. It proposes a novel and coherent approach to party autonomy that seamlessly integrates the principles of contract law with those of choice of law. This important new study is of utmost interest to private international law scholars and practitioners alike.

In conclusion, this book offers a valuable contribution to the field of private international law by providing a comprehensive and innovative approach to regulating party autonomy in choice of law. It is a must-read for scholars and practitioners seeking to understand and navigate the complex legal landscape of international transactions.

Weight: 446g
Dimension: 156 x 232 x 21 (mm)
ISBN-13: 9781509926800