Взаимодействие института автономии воли сторон с комплексом норм «lex mercatoria» при регулировании контрактных отношений, осложненных иностранным элементом

Abstract

The article is devoted to the study of the relationship between the institution of party autonomy and the set of norms “lex mercatoria” in the regulation of cross-border contractual relations. The relevance of the research topic is based on the growing importance of the party autonomy in private international law, the expansion of its subject area, as well as the demand for lex mercatoria as a source of private international law, which regulates various groups of business relations, including in the field of cyber-space. The novelty of the study lies in identifying the connection between phenomena from different planes: party autonomy, which affects the conflict of laws aspect of private international law, and lex mercatoria, expressing the substantive component. The aim of the study is to show the mutual dependence of trends in the development of the party autonomy and lex mercatoria, as key categories of modern international contract law. The research methodology is aimed at understanding the essence of the legal categories under consideration (phenomenological methodology), analysis of legislation, judicial practice and doctrine (hermeneutic methodology) taking into account the experience of various legislators (comparative legal method). As a result, it was determined that the tendency to allow the parties to choose the law determines the active use of non-state regulation – a set of norms lex mercatoria, especially in areas in which there are no detailed norms of national legislation.