| Description |
1 online resource. |
|
text file |
| Series |
Studies in private international law ; volume 18
|
|
Studies in private international law ; v. 18.
|
| Note |
Based on the author's thesis (doctoral - Victoria University of Wellington, 2014). |
| Bibliography |
Includes bibliographical references and index. |
| 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. |
| 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 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. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Conflict of laws.
|
|
Conflict of laws. |
|
Liberty of contract.
|
|
Liberty of contract. |
| Indexed Term |
Contracts pertaining to choice of law |
| Genre/Form |
Electronic books.
|
|
Electronic books.
|
| Other Form: |
Print version: Hook, Maria (Law teacher). Choice of law contract. Oxford ; Portland, Oregon : Hart Publishing, an imprint of Bloomsbury Publishing Plc, 2016 9781849467643 (DLC) 2016012641 |
| ISBN |
9781509901012 (electronic book) |
|
1509901019 (electronic book) |
|
9781509901036 |
|
1509901035 |
|
9781509901029 |
|
1509901027 |
|
9781849467643 (hardback ; alkaline paper) |
|
1849467641 (hardback ; alkaline paper) |
|
