Controversies Regarding the Internationality Element in International Trade Agreements
Starting from the somewhat unclear provisions of the Rome Convention on the law applicable to contractual obligations (1980), now replaced by Regulation (EC) no. 593/2008, in the literature, some authors have speculated that its provisions could become applicable by the very designation, by the Contracting Parties, of a foreign law as the applicable law, this manifestation of will representing, in this view, the element of extraneity. In this paper we aim to elucidate this theory, according to which any contract located (through its essential elements) in a single system of law could be "internationalized" simply by the will of the parties, in the absence of an objective element of extraneity
Year of publication: |
2013
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Authors: | Cristian, Trandafirescu Bogdan |
Published in: |
Ovidius University Annals, Economic Sciences Series. - Facultatea de Ştiinţe Economice, ISSN 1582-9383. - Vol. XIII.2013, 2, p. 65-67
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Publisher: |
Facultatea de Ştiinţe Economice |
Subject: | private international law | conflict of laws | foreign element | international convention |
Saved in:
freely available