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Student
Title
Supervisor
Faculty
Educational Programme
Final Grade
Year of Graduation
Asel Zhakshybaeva
Party Autonomy as a Conflict Principle regulating Contractual Obligations
Private International Law
(Master’s programme)
2017
A.K. Zhakshybaeva

Party Autonomy as a Conflict Principle regulating Contractual Obligations

This master dissertation is aimed at examining one of the fundamental principles in regulating contractual obligations in private international law - the party autonomy.

The master dissertation consists of an introduction, three chapters, each of which consists of two paragraphs, a conclusion and references. Chapter I deals with theories on the legal nature of the party autonomy, as well as the forms of implementing the principle. In addition, we analyzed the advantages of the party autonomy over objective connecting factors. Chapter II defines the types of agreements on the applicable law, and discloses applicable law to the agreements. In view of the fact that the party autonomy is not absolute, in Chapter III analyzed limitations and scopes to the party autonomy with their types.

Based on this research the following conclusions were made: firstly, there is no common opinion on the legal nature of the party autonomy despite numerous studies, both foreign scholars and domestic ones; secondly, for the private international law, the principle of party autonomy is of interest in the narrow sense, that is, as a conflict choice between the parties; thirdly, the agreement of the parties on the applicable law, which serves as a prerequisite for the application of the chosen law, has two main types, one of this types is the implied agreement, it has difficulties in establishing the existence of such agreement; fourthly, the limits to the party autonomy represent a complexity that arises because of the existence of different limitations that provided by law of different states.



Academic supervisor:

Getman-Pavlova Irina Victorovna, Candidate of Juridical Sciences, Associate Professor of the Department of International Public and Private Law at the Faculty of Law of the Higher School of Economics.

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