Should the discussion on whether non-state law might be elected as the governing law of contract be silenced forever?
| Autoři | |
|---|---|
| Rok publikování | 2019 |
| Druh | Článek ve sborníku |
| Konference | Universal, Regional, National – Ways of the Development of Private International Law in 21st Century |
| Fakulta / Pracoviště MU | |
| Citace | |
| www | Open access sborníku |
| Doi | http://dx.doi.org/10.5817/CZ.MUNI.P210-9497-2019-4 |
| Klíčová slova | Non-state Law; Lex Mercatoria; Rome I Regulation; Hague Principles; Globalization; Dichotomy; Model Law; Doctrine |
| Popis | While the extent of the choice of law governing the cross-border contract is subjected to positive law, in the European Union being the Rome I Regulation, some always argued for expanded party autonomy regarding the non-state law. The European Commission proposed the incorporation of such in Rome I Regulation, but it has been ultimately rejected. This article considers the European development, debates whether discussion on non-state law being allowed as the governing law to a cross-border contract is still vital and provides an answer whether discussion on such should be ended or not. |
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