Should the Restrictions on Party Autonomy Be Allowed - Coursework Example

Download file to see previous pages The resolution of contractual conflicts worldwide is based on specific processes, as defined through the rules of the private international law, as defined differently in each country; for instance in the USA the private international law is mostly used for reflecting the conflict of laws while in Germany, ‘the private international law refers only to the choice of law’. Party autonomy is a key part of the international law on contracts, as incorporated in a series of Conventions and similar legislative texts. Party autonomy secures the interests of the parties, by ‘helping to achieve efficiency, certainty, predictability, and protection of the parties’ expectations’. For this reason, the specific concept has been promoted in jurisdictions worldwide, even if in some cases conflicts are developed in regard to the restrictions of party autonomy because of local statutory rules or public policy.

In other words, the provision of party autonomy in the context of civil and commercial agreements serves the need for ensuring the interests and the rights of individuals, as related to these agreements, without the general rules of law being violated. The scope of party autonomy is to promote the right of the parties to decide on the law applicable to their dispute. Rome 1 Regulation recognizes the party autonomy as being the key criterion for the choice of law in regard to contracts related to two or more jurisdictions.

In any case, problems seem to exist regarding the power of party autonomy, as promoted through various legislative texts worldwide. In fact, under certain terms, restrictions to party autonomy seem to be unavoidable.

The identification of the most appropriate solution to the above problem requires the careful examination of the legislative environment in which party autonomy is developed, meaning both in Europe and USA. Reference is made particularly to the 1980 Rome Convention on the Law Applicable to Contractual Obligations, as it has been incorporated in Rome 1 Regulation. ...Download file to see next pages Read More