Characterising cross-border contracts where no law has been chosen
Development summary
P. M. Filippov and I. B. Ilovaysky address how cross-border contractual relations without an express choice of law should be characterised in Russian legal practice, and how that process affects the determination of the applicable law. They focus on the uncertainties that arise when such relations have a complex legal character.
The authors set out characterisation as a sequence of preliminary characterisation, primary characterisation and secondary characterisation or resolution of the dispute on the merits. Drawing on formal-legal, comparative-legal, historical-legal and legal-interpretation methods, they argue that the relevant provisions of the Russian Civil Code and the Supreme Court Plenum resolution should be amended or clarified.
Research note
Issue
How cross-border contractual obligations without an express choice of law should be qualified and how that qualification determines the applicable law.
Why does it matter?
The analysis explains, through a three-stage structure, how characterisation is linked to determining the applicable law where the parties have made no choice of law. Its proposal is directed towards clarifying the relevant Russian statutory provisions and Supreme Court guidance, without claiming that the current law has already changed.
Concepts
+2 more
Academic details
“Legal qualification of cross-border contractual obligations”
Proceedings of the Southwest State University Series History and Law · 2026
DOI 10.21869/2223-1501-2026-16-3-32-43
Show suggested citation
P. M. Filippov, I. B. Ilovaysky, “Legal qualification of cross-border contractual obligations”, Proceedings of the Southwest State University Series History and Law, 2026-08-17, 10.21869/2223-1501-2026-16-3-32-43. https://doi.org/10.21869/2223-1501-2026-16-3-32-43