PARTY AUTONOMY IN THE HAGUE CONVENTION ON THE LAW APPLICABLE TO AGENCY

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Abstract


The research is relevant due to development of transboundary private legal relations, including agency, recourse to party autonomy and the Hague Convention on the Law Applicable to Agency (the Hague Convention of 1978) potential of practical application. The goal is to analyze the party autonomy standards stipulated by the Hague Convention of 1978, to assess the place of the indicated norms within the system of international norms regarding party autonomy and to make conclusions on potential of its practical application. The main specific legal methods are historical and comparative. Due to insufficient scientific elaboration on the matter the main materials were the international treaty norms, including different language versions and translations, and profound travaux préparatoires enabling to clear up the contents of the norms. The main results include the following conclusions. Firstly, in spite of standpoint widespread in Russian jurisprudence the Hague Convention of 1978 acknowledges party autonomy for two legal relations and stipulates liberal standard for agent and principal relations and strict - for the agent’s authority in principal and third party relations. Secondly, the Hague Convention of 1978 has the potential of practical application as a part of lex fori of its states parties by court and as a collection of internationally accepted norms by international commercial arbitration. In conclusion the author stresses that it is important for Russian participants of international civil intercourse to have the right perception of the Hague Convention of 1978 norms when choosing a forum for disputes arising out of their international agency agreements.


About the authors

Tatiana V. Novikova

The North Caucasian branch of the Russian State University of Justice

Author for correspondence.
Email: tnovikova@inbox.ru
187/1 Levanevskogo str., Krasnodar, 350002, Russian Federation

Candidate of Legal Sciences, Associate Professor, Head of the International Law Department

References

  1. Asoskov, A.V. (2017) Kollizionnoe regulirovanie dogovornyh objazatel'stv [Conflict of Laws in the Field of Contractual Obligations]. Electronic edition. Moscow, M-Logos Publ. (in Russian).
  2. Basedow, J. (2019) Avtonomiya voli v regulirovanii mezhdunarodnykh otnoshenii. K obshchemu kursu mezhdunarodnogo chastnogo prava [party autonomy in regulation of international relations. to the basic course on private international law]. Translated from English by Jumashev, Ju.M. (2019) Moscow, Norma: INFRA-M Publ. (in Russian).
  3. Hay, P., Müller-Freienfels, W. (1979) Agency in the conflict of laws and the 1978 hague convention. The American Journal of Comparative Law. 27 (1), 1–49, doi: 10.2307/839937.
  4. Kanashevskiy, V.A. (2014) Agency agreements and contracts of commission in foreign trade turnover. Journal of Russian Law. (3), 96–104. (in Russian).
  5. Makovskiy, A.L., Khlestova, I.O. (eds.) (2012) The problems of the unification of private international law. Moscow, The Institute of Legislation and Comparative Law under the Government of the Russian Federation. Moscow, Jurisprudence Publ. (in Russian).
  6. Malkin, O.Ju. (2008) Pravovoe regulirovanie vybora prava storonami dogovora [Legal regulation of parties to the contract choice of law]. Moscow, Publishing House of the Modern Humanitarian University Publ. (in Russian).
  7. Nikolyukin, S.V. (2008) Avtonomiya voli storon i osobennosti prava, primenimogo k chastnopravovym otnosheniyam, oslozhnennym inostrannym elementom [Party autonomy and peculiarities of law applicable to the private legal relations with foreign element]. Notarius. (6), 33–37. (in Russian).
  8. Pfeifer, M.G. (1978) The Hague convention on the law applicable to agency. The American Journal of Comparative Law. 26 (3), 434–440, doi: 10.2307/839811.
  9. Strigunova, D.P. (2014) Realization of the principle of the autonomy of will of the parties in the international commercial contracts. Sovremennoe pravo. (4), 153–158. (in Russian).
  10. Strigunova, D.P. (2016) Legal nature of party autonomy in the field of legal regulation of international commercial contracts. In: Mogilevskii, S.D., Egorova M.A. (eds.). Current Issues of Business and Corporate Law in Russia and Abroad: Collection of Scientific Articles of III International Scientific and Practical Conference. 25 April 2016, Moscow. Moscow, Justicinform Publ. SPS ConsultantPlus. (in Russian).
  11. Strigunova, D.P. (2016) Problemy primenenija principa avtonomii voli storon v pravovom regulirovanii mezhdunarodnyh kommercheskih dogovorov [Problems of Application of the Party Autonomy Principle within the Legal Regulation of International Commercial Contracts]. Moscow, Ruscience Publ. (in Russian).
  12. Strigunova, D.P. (2017) Legal regulation of international commercial contracts: a monograph. In 2 vols. T. 2. Moscow, Justicinform Publ. (in Russian).
  13. Vilkova, N.G. (2000) Agentskie dogovory [Contracts of Agency]. Zakon. (7), 101–107. (in Russian).
  14. Zanibekov, M.M. (2016) Party Autonomy and freedom of contract at the conclusion of International Commercial contract: Functioning legal mechanism or legal fiction? Herald of the Mosсow university of finances and law MFUA. (2), 142–153. (in Russian).

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