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

Volume 2, Issue 2
  • ISSN : 0010-4051



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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