СERTAIN ISSUES RELATED TO THE APPLICATION OF THE PRINCIPLE OF AUTONOMY OF WILL IN FOREIGN ECONOMIC AGREEMENTS (CONTRACTS)
Journal: International Scientific Journal "Internauka" (Vol.2, No. 97)Publication Date: 2020-11-15
Authors : Kakhnova Maryna;
Page : 42-45
Keywords : the principle of autonomy of will; ‘foreign element’; foreign economic activities; choice of law to be applied; freedom of contract; the content of foreign law;
Abstract
This article considers certain issues related to the application of the principle of autonomy of will in foreign economic agreements (contracts). Special attention was drawn to the terms, which are mandatory for the counterparties of a foreign economic agreement when applying this principle. The problem of the conclusive form of expression of autonomy of will in the contract was given detailed consideration, as the case is complicated when the applicable law is not clearly defined. The author defined the difficulties arising when the counterparties of the foreign economic agreement (contract) choose the law of a ‘third' (neutral) state. In this case it can be difficult for the counterparties to take into account all the consequences of a foreign economic agreement caused by insufficient knowledge of foreign legislation. Proposals regarding the legislative regulation of the procedure undertaken by the court to clarify the content of this foreign law were made.
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