Choice of Governing Law in the Absence of Foreign Element

Student: Demidova Anastasiia

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2018

Such concept as choice of law is closely linked with a notion of foreign element. In other words, if parties’ relations are of national character, it is generally considered that foreign law could not govern their contract. However, this conclusion is often not based on a direct statute prohibition. Moreover, potentially, a choice-of-law provision contained in a domestic contract is not in violation of basic private law principles. This research is aimed at analyzing whether a choice of law doctrine could be applied in domestic legal relations and whether the consequences of such application should be considered as favorable.

Student Theses at HSE must be completed in accordance with the University Rules and regulations specified by each educational programme.

Summaries of all theses must be published and made freely available on the HSE website.

The full text of a thesis can be published in open access on the HSE website only if the authoring student (copyright holder) agrees, or, if the thesis was written by a team of students, if all the co-authors (copyright holders) agree. After a thesis is published on the HSE website, it obtains the status of an online publication.

Student theses are objects of copyright and their use is subject to limitations in accordance with the Russian Federation’s law on intellectual property.

In the event that a thesis is quoted or otherwise used, reference to the author’s name and the source of quotation is required.

Search all student theses