Aug 2026· International Scientific Conference „Business and Management“· pp. 849-857· 0 citations· 38 references
Abstract
This article examines the concept and significance of mandatory legal rules in international contractual relationships. It analyses how overriding mandatory provisions limit party autonomy and the application of foreign law, functioning as a mechanism for protecting fundamental national and supranational interests while balancing legal openness with the protection of individual rights. The article aims to identify the mechanisms through which mandatory rules operate in contractual contexts and to assess whether a common minimum content of such rules is emerging within European contract law, directly influencing international contractual relations. Furthermore, the article proposes a concept of overriding mandatory rules based on judicial practice. This concept reconciles the flexibility and international orientation of contemporary legal systems with traditional legislative approaches that allow certain national rules to apply directly and without delay, while also explaining how compulsory legal norms interact with considerations of public policy. The findings suggest that mandatory legal rules in international contract law operate not merely as exceptions to the applicable law but as autonomous instruments enabling courts and arbitral tribunals to safeguard the foundational principles of the national legal and social system in international relations.
The article examines the legal nature, specific features and systemic place in international law of agreements that do not have binding legal force (soft law instruments). The relevance of the topic is due to the rapid growth in international practice of declarations, memoranda and agreements of intent that are formall...
K. Zvierieva· Uzhhorod National University...· 0 citations
Determining the applicable law in international trade contracts remains a critical challenge because cross-border transactions involve diverse legal systems. Differences between civil law and common law traditions, public policy exceptions, and difficulties in enforcing foreign judgments or arbitral awards create uncer...
Against the background of the expansion of extraterritorial jurisdiction, this paper points out that blocking law should not be reduced solely to the binary narrative of "extraterritorial foreign legislation infringing national interests – domestic defense of national interests." Its institutional evolution has progres...
Yu-Han Zhou· International Journal of Law...· 0 citations
The European Union has established rule of law as a foundational value and developed institutional mechanisms to ensure its protection across all Member States. Simultaneously, the founding Treaties guarantee respect for the national constitutional identity and autonomy of Member States. This paper examines the relatio...
The preliminary contract is an important safeguard for the stability of private-law relations and commercial transactions in Georgian civil law. However, the ambiguity surrounding Article 327 of the Civil Code of Georgia (hereafter referred to as the CCG) gives rise to significant doctrinal and practical questions conc...
LInda Shalamberidze-Verdadze· International Journal of Inn...· 0 citations
The prohibition of the threat or use of force is a fundamental principle of contemporary international law and a central element of the international legal order established by the United Nations Charter. This study examines the principle's historical development, legal foundation, scope, exceptions, and contemporary c...
Ismail Tawheedyar, Sayed Shahabuddin Sadat· International Journal of Mul...· 0 citations
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