Work

Lex Voluntatis and the International Character of Trade Contracts: Can Consent Create Internationality?

Year: 2026

Type: article

Abstract: This study analyzes the role of the lex voluntatis principle in determining the law applicable to international trade contracts, with the objective of critically examining the thesis that parties may “internationalize” a purely domestic contract by merely choosing a foreign law. Using a comparative and doctrinal method, the research draws on key instruments of uniform law (The 1980 Rome Convention, Regulation (EC) No. 593/2008, The 1994 Inter-American Convention of Mexico City) as well as the Romanian Civil Code. The findings demonstrate that the choice of law does not constitute the source of a contract’s international character but rather a mechanism for resolving pre-existing conflicts of laws. The so-called “voluntary internationalization” of a domestic contract is, in this respect, a legal sophism, as it conflates the effect of party autonomy with its basis. The study reaffirms the objective nature of internationality and the need to preserve the distinction between contractual freedom and genuine elements of extraneity, subject to public order and mandatory rules.

Source: Perspectives of Law and Public Administration.

DOI: 10.62768/plpa/2026/15/1/06

Author: Bogdan Cristian Trandafirescu

Institution: Ovidius University

Language: English

Topic: Conflict of Laws and Jurisdiction

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: