The Choice of Law Contract
by
Maria Hook
Book Details
Format
Paperback / Softback
Book Series
Studies in Private International Law
ISBN-10
1509926801
ISBN-13
9781509926800
Publisher
Bloomsbury Publishing PLC
Imprint
Hart Publishing
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Jan 24th, 2019
Print length
288 Pages
Weight
446 grams
Dimensions
15.60 x 23.20 x 2.10 cms
Product Classification:
Contract law
Ksh 7,350.00
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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.
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.
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