A few instances of the will autonomy in international privat law

Abstract

Amplifying the space of the will autonomy is a process that "takes over" more and more areas, both in the national conflictual law and in the European law. At an overview of the provisions of private international law, the ascent of the will autonomy (even in areas where, until a certain time, would have been unthinkable) cannot go unnoticed. What contributed to increasing the role of the will autonomy and to the normative expansion of the principle was the segment of international judicial cooperation. In the context of the European law, the will autonomy is one of the links carefully designed to encourage state cooperation and to “positively” address some legal norms (regulations) which enter into the national law of the Member States immediately, directly and primarily. From the level of the norms from the European regulations, the principle of will autonomy has become a source of inspiration and a regulatory model for some of the European states’ legislatures.

We note some of the technical aspects of the will autonomy in the conflicts of laws: choosing the applicable law (in matters of divorce and body separation, matrimonial regimes, contract, unilateral legal act, succession, civil claims consecutive with the violation of personality rights); choosing the type of conjugal or paraconjugal union; choosing the matrimonial regime; choosing the state where the headquarters of the legal person will be. In conflicts of jurisdiction, choosing the forum is the expression of the will autonomy of the parties, provided that it is ineffective in cross-border disputes that are stolen from the parts availability.