Contractual Form in Private International Law
10,00GEL
📄Contractual Form in Private International Law
Author: Gocha Okreshidze
Format: PDF | Language: Georgian | Length: 76 | Completed: March 23, 2021
Description
This article provides a detailed examination of the rules governing the form of contracts, including choice-of-law agreements, within the field of private international law. The author explores how different legal systems address this specific issue, with a comparative analysis of American, European, and Georgian law.
The paper highlights the primary goal of these conflict-of-law rules: to protect the parties' legitimate contractual expectations and prevent the nullification of agreements. It delves into the specific provisions of Georgia's Law on Private International Law, analyzing relevant articles (e.g., Articles 27-31 and 35-38). The author demonstrates how, in certain contexts, these conflict-of-law rules also contain substantive provisions that regulate the relationship, citing Article 35(3) of the Georgian law as an example of a rule designed to prevent circumvention of mandatory norms.
By drawing on a comparative approach, the article provides a clear and structured overview of this important aspect of contract law. It sheds light on the specific mechanisms in place to ensure the validity and enforceability of international contracts across jurisdictions.
Key Features
A comparative analysis of the rules on contractual form in American, European, and Georgian private international law.
An in-depth look at the provisions of Georgia's Law on Private International Law concerning the validity of contracts and choice-of-law agreements.
Exploration of the legal purpose behind these rules, focusing on the protection of parties' expectations and the prevention of contractual invalidity.
Discussion of how conflict-of-law rules can, in certain cases, have a substantive effect on contractual relationships.
Presents a clear and accessible explanation of a complex legal topic.
Who Should Read This Paper
This article is essential reading for legal professionals, academics, and students specializing in private international law and comparative law. It will be particularly valuable to judges, attorneys, and scholars seeking to understand the intricacies of contractual form and validity in cross-border transactions, with a special focus on the legal frameworks of Georgia, the U.S., and the E.U.
Format & Delivery
Digital download (PDF format)
Distributed via email upon request/purchase
Quantity