OGRANIČENJE AUTONOMIJE VOLJE U UGOVORNIM ODNOSIMA PREMA UREDBI RIM I I ZRSZ / RESTRICTION OF AUTONOMY OD WILL IN CONTRACTUAL RELATIONS ACCORDING TO THE REGULATION ROME I AND LAW ON INTERNATIONAL PRIVATE LAW

Abstract

If we can accept the thesis that the international private law is a branch of law that with the help of its system of regulations and its methodology ensures the most appropriate way of resolving the international situation, then the autonomy of will is the negation of the most appropriate way of resolving these situations. Namely, if the fundamental rule that the situation related to two legal order or with several of them apply that law with which the situation is closely connected, this means that the application of the closest law provide the most appropriate solution. On the other hand, the choice of the contracting parties makes sense only if there is no as a result the application of the closest law, because it is already applied if there was no choice. This again means that the chosen law will never be the closest, and the result is that will not be achieved the most suitable solution. Of course, these are all simplified theoretical thinking, but a new right to the Regulation Rome I shows that the development of the principle of autonomy of will of the parties moving in the direction of certain corrections. It is important to point out that this correction is directed towards the affirmation of the principle of the closest law because and in the choice of the applicable law which is not the closest increasingly take account of protective compulsory regulations of closest law.