Desafíos y tendencias en el actual Derecho Internacional Privado europeo de los contratos

Abstract

The rules enshrined in the Rome I Regulation reveal certain trends or inclinations, the most prominent of which are the following: on the one hand, the shift towards harmonizing this set of rules with other legal instruments used by the European Union, even at the expense of limiting the scope of the freedom of parties in conflict when involved in a contractual relationship; on the other hand, there is a desire to strengthen the certainty of the law, that is, to raise the predictability of its judicial outcomes, by renouncing a certain degree of flexibility within these solutions. This trend towards to the predictability of judicial responses lends a significant specificity to conflict resolution. The substance of the Rome I Regulation, as with other legal instruments used by the European Union, amounts to a timid and insipid response. Such tendencies are real challenges for the future of Legal Science and Private International Law in general, and Private International and Contract Law in the European Union in particular.