The principle of autonomy of will as a way to level out the problem of competition non-contractual claims in private international law

Abstract

The article contains an analysis of the prospects for concluding an agreement on the choice of applicable law in non-contractual obligations in order to reduce legal risks caused by the concurrence of tort and unjust enrichment claims. Within the framework of the study, much attention is paid to the statement and revealing of the problem of the legal qualification of the non-contractual relationship that has arisen in a number of coterminous cases, as well as the problem of the admissibility of providing the plaintiff with an alternative choice of the remedy. This problem has been analyzed both in substantive and conflict of laws terms. From the point of practical expediency, the author considered the ways of leveling of the negative factors arising in connection with the concurrence of claims by referring to the principle of party autonomy, as well as the additional advantages of concluding an agreement on the choice of applicable law in non-contractual obligations. The article contains an analysis of the prospects for improving Russian legislation from the standpoint of the admissibility of ex ante choice of law in order to expand the leveling of emerging risks.