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Agreements on Jurisdiction and Choice of Law by Briggs, Adrian (20th March 2008)

11 Giving Effect to Agreements on Choice of Law

From: Agreements on Jurisdiction and Choice of Law

Adrian Briggs

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 17 November 2019

Subject(s):
Rome Convention — Contract — Choice of law clauses — Non-monetary relief — Assessment of damages — Foreign judgments obtained in breach of jurisdiction agreement — Claims for damages and anti-suit injunctions — Family law
11.01 Books which deal with choice of law for contracts often start by observing that freedom of choice and party autonomy is a principle of general application. Some repeat Professor Juenger’s assertion that in 1074 or thereabouts El Cid made a marriage contract which contained a choice of law clause. 1 Others claim to find its roots in the political philosophy of laissez-faire. It is unclear whether such matters are considered to be helpful today in understanding the proper nature of a choice of law. 11.02 Fortunately there is no need to add to this collection...
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