| Article | Proposals for the Development of the Conflict-of-Laws in the Scope of Contractual Obligations in Ukraine |
|---|---|
| Authors | Venhryniuk Yu. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 7 / 2013 |
| Pages | 55 - 62 |
| Annotation | This article researches the question of reformation and ways of development of the conflict-of-laws in the scope of contractual obligation in Ukraine. The research is based on the analysis of 1980 Rome Convention on the law applicable to contractual obligations and Regulation Rome I. Herein are the proposals for improving the Law of Ukraine «On Private International Law». Special attention is devoted to the principle of lex voluntatis and to the question of the law, applicable to contractual obligations in the absence of lex voluntatis. The range of contracts that are directly regulated by the conflict-of-laws rules is proposed to expand. In this article we have corrected some conflict-of-laws rules of the Law of Ukraine «On Private International Law» on June 23, 2005 in order to reduce the flexibility of conflict regulation for contractual obligations. Some questions concern the principle of the closest connection (principle of proximity) and the test of characteristic performance. |
| Keywords | conflict-of-laws, contractual obligations, Rome I Regulation, Rome Convention, European PIL, European Union. |
| References | |
| Electronic version | Download |