The Tension Between Party Autonomy and European Union Law
Some Observations on Ingmar GB Ltd V Eaton Leonard Technologies Inc
Bibliographic Data
| ID | 9930679 |
|---|---|
| Authors | H L E Verhagen (corresponding author) |
| Year | 2002 |
| Volume | 51 |
| Issue | 1 |
| Pages | 135-154 |
| Publication date | 2002-01-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International and Comparative Law Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0020-5893 • E-ISSN: 1471-6895 |
| Publisher | Cambridge University Press (PUBLISHER • US) |
| DOI | 10.1093/iclq/51.1.135 |
| OpenAlex | W2110969388 |
| Language | EN |
| Citations received | 1 |
| References cited | 5 |
Party autonomy is the basic principle for international contracts. By making a ‘choice of law’, the parties to a contract can agree amongst themselves which law is to regulate their contractual relationship. In international transactions, the law of the parties' choice replaces the law that would otherwise have governed the contract, including the mandatory rules ( ius cogens ) of the latter law. Article 3 of the 1980 Convention on the Law Applicable to Contractual Obligations (hereafter: the ‘Rome Convention’) fully recognises this principle of party autonomy. Under Article 3 the parties are free to choose whichever law they deem appropriate to govern their contractual relationship. It is not even necessary for the transaction to display some connection with the chosen law
Autonomy · Choice of Law · Comparative law · Conflict of laws · Convention · Database transaction · Law and economics · Political science · Private law · Sociology · Computer Science · Conflict of Laws and Jurisdiction · Corporate Governance and Law · European and International Contract Law · Law
| Citations per year | 0.07 |
|---|---|
| Citation span | 2012 - 2012 (1) |
| Highly cited | No |