Основные подходы к коллизионному регулированию отношений добровольного представительства за рубежом
The current regulatory fragmentation of the unified substantive regulation of cross-border relations of voluntary representation prevents the achievement of legal certainty in the event of disputes between the parties to these relations, for example, regarding the availability and scope of the representative’s powers. In this regard, the conflict-of-laws way of regulating cross-border representation (in international treaties, supranational and non-national regulators, national legislation on private international law), despite the diversity of international and non-state substantive legal regulators of these relations, remains relevant.
The purpose of the study is to identify and generalize the patterns and trends of conflict—of-laws regulation of representation in foreign law. For this purpose, the article, based on formal legal and comparative legal research methods, defines doctrinal approaches to conflict regulation of cross-border representation, gives a general description of the state of national conflict regulation of these relations, analyzes the norms of legislation of more than 50 states defining the law to be applied to internal and external relations of cross-border representation.
Conclusions are formulated about the prevailing general approaches of a foreign legislator to the creation of conflict of laws rules on representation: the widespread application of the principle of autonomy of will in regulating both internal and external relations of representation with certain specifics in the second case; the application of the law of the closest connection to regulate contractual relations of the representative and the right represented in the absence of their choice; the predominance of independent (as opposed to accessory) conflict-of-laws bindings for determining the law applicable to external relations of representation in the absence of its choice, the main among which are bindings to the law of the representative’s location or to the law of the place where he exercises his powers.