All pre-construction rules must be treated with the respect they deserve; Indeed, a choice clause of the law may be a determining provision with respect to the availability or lack of availability of a particular means. A choice clause of the law is an important element of the comprehensive written agreement that security should guarantee on the agreement between the parties. If unauthorized and contractual claims are not ensured that unauthorized and contractual claims are governed by the same law, it is precisely uncertainty that the agreement should avoid creating. Parties engaged in intergovernmental and international trade seek to ensure that the rules governing their relations are disadvantaged by the choice of the legal provision. The fact that their choice has effect only with respect to the decision of contractual rights, and not with respect to unauthorized claims seeking to revoke the contract for misrepresentation, would create uncertainty that is exactly to the extent that the parties sought to avoid the choice of the law. In this regard, it should also be noted that the relationship between contractual law and the right to use contracts with respect to the avoidance of contracts because of misrepresentation is extremely complex and cumbersome, even in the law of some jurisdictions. The law on the offences of one state on the law of contracts of another state aggravates this complexity and makes the outcome of disputes less predictable, the type of possibility that a strong commercial law should not promote. 2 The rule in subsection b is based on the idea that it is not the party that pays, but the party that often, in a professional context, provides the characteristic benefit within a contractual relationship. It is this performance that determines the type of contract you face. This relatively simple and simple approach provides legal certainty and ensures a uniform approach to determining the law applicable to a contractual relationship, regardless of the jurisdiction or arbitral tribunal to which the matter is to be decided. 3 This means that the provision of the law applicable to a contract is justified, since the parties have no explicit or tacit choice of law (always primarily above any objective link of the contract with an internal legal order, unless the agreement of choice of rights of the parties is invalid), the provision of the law applicable to a contract is based on a type of contract The contracting parties can choose: if they wish to limit the regulatory clause to the agreement itself. , such as 1 before, or extend it to non-contractual claims between the parties, as in example 2 above.

Be warned, clauses such as Example 2 do not guarantee the choice of applicable law for non-contractual obligations, but increase the outlook. 1 The closest link test of subsection a is that of the famous German law professor and Prussian law minister, Friedrich Carl von Savigny.


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