CORRELATION OF CONFLICT RULES OF INTERNATIONAL TREATIES AND NATIONAL LEGISLATION IN THE REGULATION OF CONTRACTUAL RELATIONS WITH A FOREIGN ELEMENT (ON THE EXAMPLE OF THE AGREEMENT ON THE PROCEDURE FOR RESOLVING DISPUTES RELATED TO THE IMPLEMENTATION OF ECONOMIC ACTIVITIES)

Abstract

Author in the article analyses unified conflict rules in international treaties of the Russian Federation in relation to the conflict rules’ mechanism of the Civil Code of the Russian Federation in determining applicable law to contractual obligations. Based on international treaties which contained conflict rules for contractual obligations author concludes that exclusively in relations among state parties of the Commonwealth of Independent States is applied a conflict rule based on an archaic lex loci contractus. At the same time article 1211 of the Civil Code of the Russian Federation and unified conflict rules of international treaties with states other than CIS’s parties based on contemporary and effective characteristic performance theory. The preservation of the lex loci contractus rule seems to be a conscious course of the post-Soviet states.