The Role of Party Autonomy in Selecting the Applicable Law to International Contracts in Accordance with Omani Law - a Comparative & Analytical Study
DOI:
https://doi.org/10.35682/jjlps.v16i3.855Keywords:
Applicable Law, Characteristic Performance, International Contract, Principle of Party AutonomyAbstract
The research relates to determining the law applicable to the international contract, considering the provisions of the Omani Civil Law and the extent of its compatibility with modern trends in comparative law. It focuses primarily on determining the position of the Omani legislator on applying the theory of characteristic performance and the law most closely connected to international contractual relations.
In addition to discussing modern trends on the expansion of party autonomy in the international contract by allowing them to select the applicable law to the whole or a part of the contract and to combine more than one applicable law, the research sheds light on identifying the appropriate conflict of law rules to govern international contractual relations.