АUTONOMY OF THE WILL IN CONTRACTUAL RELATIONS WITH A FOREIGN ELEMENT

Abstract

The relevance of the topic chosen by us is due to the growing role of the principle of autonomy of will in the theory and practice of private international law. At the same time, conflict regulation of contractual relations with a foreign element is gaining urgent relevance in international law. This article is devoted to highlighting the peculiarities of the autonomy of the will as a fundamental principle of collision regulation. Issues related to the application of the principle of autonomy of the will of the parties in international agreements with a foreign element are analyzed. Special attention is focused on researching the possibilities, conditions, forms of application by the parties of the principle of autonomy of the will of the parties, the validity of the contract, the scope of the chosen law. The reasons and limitations of its application in contractual relations with a foreign element are revealed. Attention is drawn to the fact that with the appearance of a foreign element in the contract, it acquires an international character and acquires a connection with the private law of some states at the same time. It is emphasized that there is a possibility to choose not only the provisions of the domestic legal order, but also the legal order determined by the states during the resolution of private legal disputes, as well as the absence of a prohibition for the parties to include in the contracts the law that they choose independently. The autonomy of the will of the parties in international private law when choosing the statute of tort liability is realized within the framework of the theory of maximum consideration of the interest of the victim (parties). Moreover, the choice can be given only to the victim (unilateral autonomy), to both parties (bilateral autonomy), within the limits of defined legal systems (limited autonomy), at the discretion of the party (unlimited autonomy).