Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 61 Mexico: Mexican Perspectives on the Hague Principles »
María Mercedes Albornoz, Nuria González MartínFrom: Choice of Law in International Commercial Contracts
Edited By: Daniel Girsberger, Thomas Kadner Graziano, Jan L Neels
This chapter explores Mexican perspectives on the Hague Principles. The Inter-American Convention on the Law Applicable to International Contracts (the Mexico Convention) includes party autonomy in Article 7, according to which ‘the contract shall be governed by the law chosen by the parties’. This rule admits express and also tacit choice of law, provided the latter is ‘evident from the parties’ behaviour and the clauses of the contract, considered as a whole’. Following this provision, the parties to the international contract can select the law applicable to the entire contract or to a part of it. Moreover, Article 8 establishes that the parties can at any time make or modify their choice, but such new choice ‘shall not affect the formal validity of the contract nor the right of third parties’. The chapter then considers the existence of a Project of Private International Law Act for Mexico, developed within the Mexican Academy of Private International and Comparative Law (AMEDIP). For the topic of international contracts, the project literally incorporates the provisions of the Mexico Convention. Here, the Hague Principles could bring enhanced precision on the lex mercatoria as the object of the parties’ choice.