The choice of law contract
Author(s)
Bibliographic Information
The choice of law contract
(Studies in private international law, v. 18)
Hart, 2016
Available at 8 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Based on author's thesis (PhD)--Victoria University of Wellington
"Many people have contributed to this book, which is based on a PhD thesis completed at Victoria University of Wellington."--Acknowledgements
Bibliography: p. [231]-243
Includes index
Description and Table of Contents
Description
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.
Table of Contents
1. Introduction
2. Selection of the Applicable Law by Contract
3. The Scope of Party Autonomy
4. Independence of the Choice of Law Contract
5. Regulating the Choice of Law Contract
6. Agreement to Choose the Applicable Law
7. Formation of the Choice of Law Contract
8. Validity of the Choice of Law Contract
9. Conclusion
by "Nielsen BookData"