Party Autonomy Principle in International Private Law
Dai Xiao-dong
Abstract
Dai Xiao-dong
Abstract
The scope of party autonomy principle should be extended.Choice by the parties should be relative and limited,but adopting the only choice of Party Autonomy Principle is against its nature.The items of Party Autonomy Principle should show the precedence of the agreement.To protect the benefit of the victims,in certain areas the judges should choose the most beneficial rules to them or limit the harmful choice to them.
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The scope of party autonomy principle should be extended.Choice by the parties should be relative and limited,but adopting the only choice of Party Autonomy Principle is against its nature.The items of Party Autonomy Principle should show the precedence of the agreement.To protect the benefit of the victims,in certain areas the judges should choose the most beneficial rules to them or limit the harmful choice to them.
Key concepts: Autonomy, Scope (computer science), Law and economics, Choice of law, Law, Limit (mathematics), Political science, Business