Party Autonomy and Choice of Law Applicable to “Domestic” Contracts

Abstract:

Until some years ago the principle of sovereignty prevailed over the principle of freedom of contract and the parties, whether they had the same citizenship, could not choose a foreign law applicable to their transaction. A broad interpretation of Regulation Rome I leads to a more liberal choice. In this contribution the Author explores the boundaries of freedom of choice and tries to envisage the opportunities offered to the parties by a comparative perspective of legal systems.