- PII
- S1026-94520000616-5-1
- DOI
- 10.31857/S20000616-5-1
- Publication type
- Article
- Status
- Published
- Authors
- Volume/ Edition
- Volume / Issue 1
- Pages
- 89-98
- Abstract
- The invalidity of contracts remains outside the scope of substantive unification and it predetermines the importance of regulation by conflict rules. The article presents the determination of applicable law to the formal and material validity in international conventions on the law applicable to the contracts and in the Regulation Rome I, which served in many respects as the model for elaboration of the Federal Law N FL-260, which amended the CC RF. The author analyzes the new approach to the determination of applicable law to the form of contract in the CC RF, specifies that in the revised CC RF there is still preserved a gap in determination of applicable law for invalidity of the contracts on the bases of the defect of will and the defect of content, which until the adoption of the special rules is filled in by the doctrine interpretation.
- Keywords
- applicable law, invalidity of contracts, Rome Convention, Regulation Rome I, formal validity, material validity, the Federal Law N FL-260 of September 30, 2013, the defect of will, the defect of content
- Date of publication
- 01.01.2017
- Number of purchasers
- 4
- Views
- 1265
RAS Social ScienceGosudarstvo i pravo
- ISSN (Print) 1026-9452
- ISSN (Online)2713-0398
The determination of the law applicable to invalidity of contracts
Индексирование
Scopus
Crossref
Higher Attestation Commission
At the Ministry of Education and Science of the Russian Federation
Scientific Electronic Library