The Convention For Choosing The Applicable Law – A Construction Specific For The Relationships Of Private Law With Foreign Element
The Convention For Choosing The Applicable Law – A Construction Specific For The Relationships Of Private Law With Foreign Element

Summary/Abstract: The legal relationships with foreign element generate the need to designate the lawapplicable in the conflict of laws. The national conflictual right and the European regulationsgovern the two complementary mechanisms for determining the law of the cause. Choosing the lawby the parties gives expression to the subjective determination that, for some matters, is the rule,and for others, is the subsidiary solution. The recourse to the localization criteria of the applicablelaw signifies the objective determination of the law and contains variants that always lead to theidentification of the lex causae.The method of concretizing the will of the parties is the choice convention of the applicablelaw, a concept specific to the private international law. The substantive requirements, the formrequirements and the possibility of changing the chosen law are aspects expressly regulated by thenational law and by the European norms

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