The problem of fragmentation of the chosen law in international trade contracts - a comparative study

Abstract

The study presented in the research titled "The Problem of Fragmentation of the Chosen Law in International Commercial Contracts" examines the issues arising from the parties' choice of law in an international commercial contract when the contract includes more than one law to govern one or more of its elements. It explores the extent of the legislator's and the adjudicating judge's authority to rely on multiple legal systems to determine the applicable law forspecific aspects of the international contract.

The answer to this question varies depending on the prevailing schools of thought in private international law. The personalist school advocates for broad authority for the legislator, judge, and contracting parties to fragment the international contract, emphasizing the respect for the principle of party autonomy, as expressed or implied by the parties' intention to subject the international transaction to different legal regimes. Conversely, proponents ofthe objectivist school oppose the authority of the contracting parties and the judge to fragment the international contract, only reluctantly accepting it under strict conditions that ensure the necessary coherence of the international contractual relationship, respect for the rule of law, and preventabsolute evasion of its authority.