The evolution of party autonomy (Lex voluntatis): from French doctrine to international recognition

Abstract

The article provides a historical and dogmatic analysis of the development of the principle of party autonomy (lex voluntatis) in private international law. The paper examines the evolution of the lex voluntatis concept from S. Dumoulin’s original ideas to its current formulation in Russian law and international legal acts. The study revealed that during the Soviet period, the principle in question evolved from rejection to recognition in arbitration practice and was codified in law. The author justifies its role as the primary conflict-of-laws rule by demonstrating that it applies to contractual, non-contractual, and other private law relationships. The study identified the limits of the autonomy of the will as they relate to public order, mandatory norms, the principle of the closest connection, and the protection of the weaker party. The findings highlight the universal nature of lex voluntatis within the conflict-of-laws system. They also reveal a trend towards the international unification of its content. This reflects the general direction of modern private international law, which is to strengthen the dispositive principles and predictability of cross-border civil transactions.