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The Choice of Law Contract

By: Maria Hook
Media of The Choice of Law Contract
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Published: 22-09-2016
Format: Hardback
Edition: 1st
Extent: 288
ISBN: 9781849467643
Imprint: Hart Publishing
Series: Studies in Private International Law
Dimensions: 234 x 156 mm
RRP: £70.00
Online price : £63.00
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About The Choice of Law Contract

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


“The range, depth and originality of the analysis of complex and intricate aspects of party autonomy in applicable law make this a must read for anyone engaged in research in this field.” –  Paul Beaumont, University of Aberdeen and Jonathan Harris, King's College, London,

“The book, that is comparative throughout, thus offers a lot to both European private law and PIL experts.” –  Jan M Smits, Maastricht European Private Law Institute Blog

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