Flexible Choice-of-Law Rules: Panacea or Oxymoron?
Flexibility is not an acknowledged legal concept, however, and there is no common understanding what fl exibility really means. In fact, the term “fl exibility” is hardly ever defi ned, it is not used uniformly and it may consequently carry rather different meanings depending on the context.2 Furthermore, the doctrinal viability of fl exibility normally remains unexplained. I have previously discussed related general aspects in an article which was published in 2011.3 Based on feedback which I have received in the meantime and further research, this article refi nes my conclusions and – more importantly – explores the signifi cance of fl exibility in the choice-of-law context. To set the scene the fi rst section provides a brief introduction to the potential meanings of “fl exibility” and how this term is used in the legal discourse.4
Predictability and Flexibility in Private International Law: Allies or Enemies?
The chapter discusses the relationship between predictability and flexibility as the values currently expected for private international law standards. While predictability has been perceived for a long time, flexibility has been gaining momentum in the US since the 1930s and in Europe in the second half of the last century. At present, however, the demand for flexibility in the standards of private international law is expressed in all modern codifications. Therefore, the chapter also outlines the institutes through which flexible elements intended to enable to take into account individual aspects of a particular case can be incorporated to traditional predictable blind conflict-law-rules methodology.
La inseguridad jurídica en normas de contratación estatal
It is established by different studies that the issue of government procurement has been marred by several factors, the test objective to publicize these factors, we take as starting point the constant conflict between the branches of government to try and organize this subject; will collect and analyze diverse regulatory and case material in order to achieve evidence and demonstrate the different concepts of constant change that produces excessive regulation of the subject procurement and is in turn causing rapid changes that result in legal uncertainty for our law on the Contract Status.