The choice of law contract / Maria Hook.

Format:

Book

Author/Creator:

Hook, Maria (Law teacher), author.

Series:

Studies in private international law ; Volume 18.

Studies in private international law ; v. 18

Language:

English

Subjects (All):

Conflict of laws.

Liberty of contract.

Physical Description:

1 online resource (285 p.)

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, an imprint of Bloomsbury Publishing Plc, 2016.

Language Note:

English

Summary:

This book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars

Contents:

Introduction

Selection of the applicable law by contract

The scope of party autonomy

Independence of the choice of law contract

Regulating the choice of law contract

Agreement to choose the applicable law

Formation of the choice of law contract

Validity of the choice of law contract

Conclusion.

Notes:

Based on author's thesis (doctoral - Victoria University of Wellington, 2014).

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781509901036

1509901035

9781509901029

1509901027

9781509901012

1509901019

OCLC:

945072712