International contracts in Latin America: History of a slow pace towards the acceptance of party autonomy in choice of law

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Abstract

The right of the parties to choose the law to govern international contracts, has been historically denied in Latin America due to the principle of territoriality of laws that has imbued national conflict provisions. Several regional and national attempts to authorize party autonomy have been disregarded on the grounds of protecting national sovereignty. Some jurisdictions have recently amended their laws to accept it. This acceptance has not meant a departure from their legal tradition, but an enhancement of the principle of contractual freedom, that has always pervaded their contract rules.

Original languageEnglish
Pages (from-to)241-276
Number of pages36
JournalRevista de Derecho Privado
Issue number38
DOIs
StatePublished - 2020

Bibliographical note

Publisher Copyright:
© 2020 Universidad Externado de Colombia. All rights reserved.

Keywords

  • Choice of law clauses
  • Contractual freedom
  • Latin American private international law
  • Party autonomy
  • Territorialism

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