Original scientific paper

Autonomy in private international law - New tendencies

Damir Klasiček

Abstract

The author presents his views on, so far, unlimited freedom of contractual parties to choose the law applicable to their contract.
It is pointed out that there is no legal foundation on which freedom of contractual parties to choose any contract law could be based. Such freedom of choice actually negates the fundamental principle of private international law which requires the application of the closest law to the internationally characterized situation. The author does not deny to the contractual parties the option to choose the applicable law, but expresses his point of view that protective coercive regulations of the country with whose law the contractual relation is in the closest connection should be taken into consideration.
The Rome Convention on the Law Applicabe to Contractual Obligations with its provision of Article 7.1, as well as national codifications influenced by this Convention, show new tendencies in respect of certain limitations of the application of the chosen law, as well as justification of a more restrictive approach to the autonomy of parties.

Keywords

private international law; autonomy of contractual parties; choice of applicable law

Hrčak ID:

5124

URI

https://hrcak.srce.hr/5124

Publication date:

20.4.2006.

Article data in other languages: croatian german

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