Autonomy of Will and Lex Mercatoria in European Private International Law

Student: Shchelkanova Elena

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2021

In International Private Law exists two legal structures, Lex Mercatoria and autonomy of will. These topics are developed from ancient times, but even nowadays it is not clear, how they correlate. Lex Mercatoria or merchant law is one of the most complicated and less explored concepts in international private law. Nevertheless, Lex Mercatoria is quite vital and effective system of law which helps to settle of disputes of international trade relations. Autonomy of will, as the one of the main principles of international private law, used to choose the most convenient legal system in settling disputes. Globalization and internationalization of modern world show the need in unification of law; especially in European private international law there these themes widely represent and there are plenty of international commercial contracts.

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