Ролята на “Soft Law” за правното регулиране на международните търговски и граждански отношения
The Role of “Soft Law” for the Legal Regulation of International Commercial and Civil Relations

Author(s): Ekaterina Mateeva
Subject(s): Politics, Law, Constitution, Jurisprudence, Civil Law, International Law, International relations/trade, Commercial Law
Published by: Нов български университет
Keywords: Draft Common Frame of Reference(DCFR); Model Laws; Principles of European Contract Law (PECL); Principles of European Family Law (PEFL); Principles of European Insurance Contract Law (PEICL)
Summary/Abstract: The present article examines the role and importance of ‘soft law’ sources for the regulation of international commercial and civil relations in the contemporary world. Object of study are different types of optional instruments, such like Model Laws, Principles, Uniform Rules etc. prepared by UNCITRAL, UNODROIT, ICC and other international organizations. They provide a pattern that law-makers in national governments can adopt as part of their domestic legislation on private law. These rules are not enacted as legislation and therefore not binding in nature, but they could be selected by parties as part of their contract. Under analysis are also the Principles of European Contract Law (PECL), Principles of European Tort Law (PETL), Principles of European Family Law (PEFL), Principles of European Insurance Contract Law (PEICL), as well as the Draft Common Frame of Reference (DCFR) and their importance for the future European Civil code.

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