Principles of international law as source of regulating contractual relations complicated by foreign elements

Abstract

This research is dedicated to the problem of essence and classification of international private law principles applicable to international private contracts. It studies existing doctrinal opinions towards systematization criteria of international private law principles including that in relation to other branches of law. The authors come to the conclusion on the essence and characteristics of those international private law principles that are applied to contractual relations complicated by a foreign element and that are reflected in the international practice. By subdividing the international private law principles by extent of relation to primary regulation methods (collision law and material law) and taking into account a close tie of this law branch with other branches, in particular, international public and civil law, given the goals of this research, the authors come to the conclusions that regulation of trans-border contractual relations correspond to the following principles: justice, good faith and rationality of participants of legal relations; autonomy of parties’ will; the closest tie. The substantiation of the above gives quotes of international documents widely spread as lex mercatoria – UNIDROIT principles, principles of the European contractual law, and Hauge principles of law selection as applicable to international commercial contracts.