АВТОНОМІЯ ВОЛІ ЯК ОСНОВОПОЛОЖНИЙ ПРИНЦИП РЕГУЛЮВАННЯ ЗАБЕЗПЕЧЕННЯ ЗОБОВ’ЯЗАНЬ

Abstract

With the increasing number of concluded security interest agreements that incorporate a foreign element a problem of conflict of laws regulation of the said agreements becomes particularly challenging. This article focuses on highlighting the concept and the legal nature of autonomy of the parties (Lex Voluntatis) as a fundamental principle of the conflict of laws regulation for securing the performance of obligations. The author studied different points of view of scientists with regard to the legal nature of the autonomy of the parties (Lex Voluntatis). Special attention was devoted to main issues that arise when studying the principle of autonomy of the parties (Lex Voluntatis), namely to the conditions of application, time limits, a form of expression of autonomy, the validity of the agreement on the choice of law, the scope of the chosen law, the choice of Lex mercatoria as applicable law by the parties, etc.