Harmonization of conflict of laws party autonomy and the regulatory competition DOI
Natalia Erpyleva, Irina Getman-Pavlova,

А. С. Касаткина

et al.

Gosudarstvo i pravo, Journal Year: 2024, Volume and Issue: 7, P. 192 - 204

Published: Sept. 13, 2024

Practice has shown that neither active international cooperation in the development of agreements directly regulating relations field private law (PIL), nor numerous acts lex mercatoria can eliminate need to resolve a conflict laws issue. In this regard, it is not surprising modern includes only material norms, but also rules for choosing applicable law. The “pinnacle” at moment are Principles on Choice Law International Commercial Contracts, developed by Hague Conference PIL 2015. holistic, systematized document codifies an independent integrated institution – right subjects cross-border choose competent legal regulator themselves. cover detail main issues party autonomy and contain extremely important concepts definitions. This study analyzes potential process regulatory competition from point view two aspects: non-binding nature requirement “internationality” commercial contract. When writing article, methods comparative analysis jurisprudence, formal logic, literal contextual interpretation were used. article concludes competition, their advantage, since “soft law” certainly wins trade. set best practices, compiled taking into account both national experience autonomy. If state perceives them as role model, will allow increase competitiveness its own chances most effective relation contracts. However, all decisions appear be positive competition. particular, limiting use contracts with objective links or more systems reduces competitiveness. world, parties domestic transactions should able neutral, balanced law, transactions.

Language: Английский

Interaction of the institute of party autonomy with the set of rules «lex mercatoria» in the regulation of contractual relations complicated by foreign element DOI Open Access

Москвитин Юрий Михайлович

NORTH CAUCASUS LEGAL VESTNIK, Journal Year: 2024, Volume and Issue: 1(2), P. 96 - 108

Published: June 29, 2024

The article is devoted to the study of relationship between institution party autonomy and set norms “lex mercatoria” in regulation cross-border contractual relations. relevance research topic based on growing importance private international law, expansion its subject area, as well demand for lex mercatoria a source which regulates various groups business relations, including field cyber-space. novelty lies identifying connection phenomena from different planes: autonomy, affects conflict laws aspect mercatoria, expressing substantive component. aim show mutual dependence trends development key categories modern contract law. methodology aimed at understanding essence legal under consideration (phenomenological methodology), analysis legislation, judicial practice doctrine (hermeneutic methodology) taking into account experience legislators (comparative method). As result, it was determined that tendency allow parties choose law determines active use non-state – especially areas there are no detailed national legislation.

Language: Английский

Citations

0
Harmonization of conflict of laws party autonomy and the regulatory competition DOI
Natalia Erpyleva, Irina Getman-Pavlova,

А. С. Касаткина

et al.

Gosudarstvo i pravo, Journal Year: 2024, Volume and Issue: 7, P. 192 - 204

Published: Sept. 13, 2024

Practice has shown that neither active international cooperation in the development of agreements directly regulating relations field private law (PIL), nor numerous acts lex mercatoria can eliminate need to resolve a conflict laws issue. In this regard, it is not surprising modern includes only material norms, but also rules for choosing applicable law. The “pinnacle” at moment are Principles on Choice Law International Commercial Contracts, developed by Hague Conference PIL 2015. holistic, systematized document codifies an independent integrated institution – right subjects cross-border choose competent legal regulator themselves. cover detail main issues party autonomy and contain extremely important concepts definitions. This study analyzes potential process regulatory competition from point view two aspects: non-binding nature requirement “internationality” commercial contract. When writing article, methods comparative analysis jurisprudence, formal logic, literal contextual interpretation were used. article concludes competition, their advantage, since “soft law” certainly wins trade. set best practices, compiled taking into account both national experience autonomy. If state perceives them as role model, will allow increase competitiveness its own chances most effective relation contracts. However, all decisions appear be positive competition. particular, limiting use contracts with objective links or more systems reduces competitiveness. world, parties domestic transactions should able neutral, balanced law, transactions.

Language: Английский

Citations

0