oa Comparative and International Law Journal of Southern Africa - From Private International Law to Transnational Commercial Law



In future, commercial law will, without any legislative measures being required in any country, have to be separated from the classical doctrine of Private International Law in such a way that the determination of the applicable national law is simultaneously accompanied by the search for a settlement which is within the framework of the freedom of contract based upon transnational rules of a bi-national or multi-national kind. Such a procedure has the great advantage that it can be applied with equal ease by arbiters and state-employed judges.


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