L’essor de l’autonomie de la volonté en droit international privé tunisien

Abstract

The principle of autonomy of the will has grown significantly in contemporary private international law. European and international sources give it an increasing importance with regard either to conflict of jurisdiction or to conflict of laws. The present study examines the development of the autonomy of the will in Tunisian private international law. The Code of Private International Law, promulgated by the law of 27 November 1998, provided new momentum to the autonomy of the will. That movement has become more pronounced due to developments in Tunisian jurisprudence. The interpretation of certain provisions contained in the Code has led to an expansion of the autonomy of the will. As a result, Tunisian private international law today allows for a greater role for the autonomy of the will. Thus it will be either a tool for the development of legislative power or a tool for the development of international judicial jurisdiction.