Autonomy of will in choice of applicable law in relations complicated by a foreign element: certain contradictions in legislation and problems of law enforcement

Abstract

The article analyzes the problems of legislative regulation of agreements on the choice of applicable law in international private law. The authors compare the absolute and limited approaches to understanding the autonomy of will, identify their effectiveness. Attention is paid to the issues of the optionality of conflict rules, as well as the admissibility of the autonomy of will in unilateral transactions, property relations, and unjust enrichment. An attempt is made to discuss the time frame for concluding an agreement on the choice of applicable law.