Controversies Regarding the Internationality Element in International Trade Agreements

Trandafirescu Bogdan Cristian ()
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Trandafirescu Bogdan Cristian: Ovidius University of Constanta - Faculty of Law and Administrative Sciences

Ovidius University Annals, Economic Sciences Series, 2013, vol. XIII, issue 2, 65-67

Abstract: 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

Keywords: private international law; conflict of laws; foreign element; international convention (search for similar items in EconPapers)
JEL-codes: K12 K20 (search for similar items in EconPapers)
Date: 2013
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Persistent link: https://EconPapers.repec.org/RePEc:ovi:oviste:v:xiii:y:2013:i:2:p:65-67

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