Swiss Review of International and European Law Logo Schulthess juristische Medien AG
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Gibt es einen "unechten" Auslandsbezug? Zur Frage ausschliesslich rechtswahlbegründeter Internationalität und ihrer Beurteilung nach dem IPRG (Leander D. Loacker & Gian Andri Capaul)

Commercial law practice shows that contracting parties often seek to subject their contract to a law other than their own. In situations where a parties’ choice of foreign law is the only connecting factor to another state, it is, however, necessary to avoid an all too easy «escape» from the law which would otherwise govern their legal relationship. This is also necessary to protect the state’s basic interest to decide on the application of its own law within its own territory. The quality of foreign elements in a legal relationship determines to what extent a parties’ choice of law is respected. The authors propose a differentiating approach to assess the effect of choice of law agreements under the Swiss Code of Private International Law. Their analysis encompasses both, the situation of Swiss parties choosing foreign law as well as the case where foreign parties want to choose Swiss law.