Analysis of the legal aspects of concluding transactions in private international law

Abstract

In the current conditions of globalization and the growth of cross-border legal relations, the issue of concluding transactions in the field of private international law is gaining particular importance. The choice of applicable law, conflict aspects and legal certainty are key factors affecting the effectiveness of contractual obligations. The lack of harmonized approaches to regulating such legal relations in different jurisdictions complicates law enforcement and creates legal uncertainty for the parties to the transaction. This necessitates the improvement of legislation in order to ensure predictability and stability of international legal relations. Purpose. The study is aimed at analyzing modern theoretical approaches to regulating the conclusion of transactions in private international law, identifying key problems related to the choice of applicable law, and developing proposals for improving legal regulation to increase the efficiency and predictability of such legal relations. Methods. The work uses a comprehensive methodological approach, including the analysis of national and international legislation, a comparative law method to identify differences in the regulation of transactions in different jurisdictions, as well as a formal-legal method to determine the features of the conflict of laws regulation of contractual obligations. Results. It was established that the main problems of concluding transactions in private international law are legal uncertainty in the choice of applicable law, conflict issues arising from different approaches in national legislation, as well as the complexity of recognizing and enforcing court decisions in cross-border cases. The principle of autonomy of the will of the parties as one of the key mechanisms for choosing the law, its advantages and limitations are analyzed. It is proposed to improve national conflict of laws rules by unifying legal approaches, and introducing digital technologies into the process of concluding transactions. Conclusions. The obtained results deepen the scientific understanding of the legal regulation of contract conclusion in international private law. The proposed measures for improving legal mechanisms will contribute to enhancing the efficiency and predictability of international legal relations.