The choice of law applicable to an international contract, as an expression of the principle of autonomy, is performed by a binding agreement between the parties. The electio iuris is not a connecting factor as the others, nor it can bee seen as a mere clause of the underlying contract. The contractual nature of the choice of law generates the need to reflect on specific questions related to the offer and acceptance dynamic to form the consensus ad idem, in consideration of different national law models.
On the formation of the electio iuris agreement: some comparative insights / N. Posenato - In: Études en l'honeur du professeur Iacyr de Aguilar Vieira / [a cura di] G. Cerqueira; G. Tepedino. - Prima edizione. - Paris : Societé de legislation comparée, 2022 Apr. - ISBN 9782365171120. - pp. 673-693
On the formation of the electio iuris agreement: some comparative insights
N. Posenato
2022
Abstract
The choice of law applicable to an international contract, as an expression of the principle of autonomy, is performed by a binding agreement between the parties. The electio iuris is not a connecting factor as the others, nor it can bee seen as a mere clause of the underlying contract. The contractual nature of the choice of law generates the need to reflect on specific questions related to the offer and acceptance dynamic to form the consensus ad idem, in consideration of different national law models.
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