Die Privatautonomie im Internationalen Privatrecht als Störung des europäischen Entscheidungseinklangs

Individuals and corporations operating in a global environment need to be able to predict with some certainty which nation's laws will be applicable in a given situation. Although many nations have agreed to one or more of the numerous international conventions governing international choice of law rules, their courts often persist in applying the law of the forum. More and more, judges seek to justify their application of the lex fori by citing the implied intent of the parties. Olaf Hartenstein examines the various theoretical justifications of this approach in France, Germany and Italy and contrasts current judicial practice with the international choice of law rules established by the international conventions mentioned above.