Collected Courses of the Hague Academy of International Law

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Functional Developments in Choice of Law for Contracts (Volume 187)

(22,939 words)

Author(s): J. Weintraub, Russell
J. Weintraub, Russell Keywords: Law of contracts | Private international law | International contracts | Mots clefs: Droit des obligations | Droit international privé | ABSTRACT The distinction between conflict of laws concerning the validity of a contract and concerning its construction is central to any sensible application of functional analysis. In this course, the author explains the analysis, discusses the criticisms of the analysis that have emerged, and responds to these criticisms. He describes two features wide…