Variation the Applicable Law in Contract

Abstract

The variation of the applicable law in a contract is a principle based on party autonomy. At present, it has been recognized, by both the international agreements and domestic laws regarding the conflict of laws in contract, that parties can change the applicable law in the contract. However, there are some scholars arguing it is not the freedom of the parties. Furthermore, there are differences in concepts and practices of domestic courts dealing with the issue which law will be the governing law for the variation of the applicable law in contract. While under Thai conflict of laws system, it seems that the issue of variation of law has not been realized as it has not been found in any legislation, the practice of the domestic courts and textbooks on Thai conflict of laws.