ВОЉА ПОЈЕДИНАЦА И ОДРЕЂИВАЊЕ МЕРОДАВНОГ ЗАКОНА У ОДНОСИМА МЕЂУНАРОДНОГ ПРИВАТНОГ ПРАВА
INDIVIDUAL WILL AND DETERMINING THE APPLICABLE LAW IN PRIVATE INTERNATIONAL LAW RELATIONS

Summary/Abstract: As opposed to the freedom of contracting in times of the internal contract law, there is the autonomy of will of the contracting parties, which most frequently implies a possibility to voluntarily influence the choice of the body of applicable law pertaining to contacts with a foreign element involved, exceptionally used in the field of torts in the Private International Law. To make the choice of this law legally valid, it is necessary to be done in a manner prescribed in lex fori. Notwithstanding either the mode, of expressing the decision about the choice (express or implied autonomy of will) or its scope (limited or unlimited autonomy of will), the partners have to abide by the imperative norms of the national legislation (most frequently with the regulations on export and import of goods, currency and customs regulations, etc.). Otherwise, the clause on the choice of applicable law remains without legal effect. This corpus of legal rules 011 direct government control of legal transactions, particularly in the field of foreign trade, is applied independently from the solutions prescribed by the applicable law for the contract, regardless of how it lias been determined. In due course, a state intervention need not necessarily result in such application of lex fori. It may also lead to establishing the applicability of another law which would be more favourable for one on the contracting parties, should it be determined that the choice of law would endanger the party's standing and its equal position with regard to the other contracting party. Under such circumstances, in keeping with the universal conception of the function and contents of the public order, the choice of law entails the jurisdiction and the applicable law which is presumed to be more favourable for the "weaker" contracting party (worker or consumer) even though there is 110 application of lex fori

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