oa Comparative and International Law Journal of Southern Africa - Autonomy of the parties to a contract and the conflict of laws: illegality

Volume 17, Issue 2
  • ISSN : 0010-4051



That the autonomy of the parties to a contract extends to the choice of the applicable law, is recognised in most legal systems, however much it may be subject to restrictions which vary from legal system to legal system. These restrictions centre around imperative (mandatory), common law and statutory provisions which are not negotiable in that they cannot be varied by the parties. The problem to which this article will devote itself is which of the imperative provisions of the various legal systems 'in conflict' are of consequence?

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