THE CHOICE OF LAW CONTRACT
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- Author: MARIA HOOK
- ISBN: 9781849467643
- Availability: In Stock
Buy THE CHOICE OF LAW CONTRACT | Law Books , FOREIGN BOOKS
This book offers a contractual framework for the regulation
of party autonomy in choice of law. The party autonomy rule is the cornerstone
of any modern system of choice of law; embodying as it does the freedom enjoyed
by parties to a cross-border legal relationship to agree on the law applicable
to it. However, as this study shows, the rule has a major shortcoming because
it fails to give due regard to the contractual function of the choice of law
agreement. The study examines the existing law on choice of law agreements, by
reference to the law of both common and civil law jurisdictions and
international instruments. Moreover, it suggests a new coherent approach to
party autonomy that integrates both the law of contract and choice of law. This
important new study should be read with interest by private international law
scholars.