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Controversies Regarding the Internationality Element in International Trade Agreements

Author

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  • Trandafirescu Bogdan Cristian

    (Ovidius University of Constanta - Faculty of Law and Administrative Sciences)

Abstract

Starting from the somewhat unclear provisions of the Rome Convention on the law applicable to contractual obligations (1980), now replaced by Regulation (EC) no. 593/2008, in the literature, some authors have speculated that its provisions could become applicable by the very designation, by the Contracting Parties, of a foreign law as the applicable law, this manifestation of will representing, in this view, the element of extraneity. In this paper we aim to elucidate this theory, according to which any contract located (through its essential elements) in a single system of law could be "internationalized" simply by the will of the parties, in the absence of an objective element of extraneity

Suggested Citation

  • Trandafirescu Bogdan Cristian, 2013. "Controversies Regarding the Internationality Element in International Trade Agreements," Ovidius University Annals, Economic Sciences Series, Ovidius University of Constantza, Faculty of Economic Sciences, vol. 0(2), pages 65-67, May.
    • Handle: RePEc:ovi:oviste:v:xiii:y:2013:i:2:p:65-67
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    More about this item

    Keywords

    private international law; conflict of laws; foreign element; international convention;
    All these keywords.

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K20 - Law and Economics - - Regulation and Business Law - - - General

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