Enhancing Party Autonomy and the Limits thereto: Choice of Forum and Choice of Law in International Contracts - The international element position for the validity of freedom of choice
| Autoři | |
|---|---|
| Rok publikování | 2010 |
| Druh | Vyžádané přednášky |
| Fakulta / Pracoviště MU | |
| Citace | |
| Popis | All three important European legal regulations unifying choice of law rules – Rome Convention, Rome I Regulation and Rome II Regulation – use the freedom of choice as a basic connecting factor. Parties are allowed to choose law even when all other elements relevant to the situation at the time of the choice are located in a country other than the country whose law has been chosen. What is the position of such a freedom of choice? The doctrine of private international law in states which accessed EU later adopts a different approach to this issue than is adopted in states with case-law system. In this regard it can be distinguished between objective and subjective international elements and between application of foreign law and incorporation of foreign law. Also the legal competences of European Union in the field of intrastate legal relationships have to be taken into account. A different stress should be placed when considering regulation set by international conventions and by European Regulations. |
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