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L’affinement des mécanismes liés à l’ordre public dans le choix de la loi applicable aux contrats internationaux : regards franco-mexicain

Abstract : The concepts of public policy and overriding mandatory rules are to be found within the vocabulary of the general theory of conflict of laws. It is legitimate to ask whether this statement of principle can be illustrated by a French-Mexican comparison. The relevance of such a comparison may seem doubtful, given France's participation in a more or less unifying process, due to its membership of the European Union; whereas Mexico, on the other hand, is organized around a "federal pact". However, the comparison remains relevant as we can observe that the relationship between the nation-state and private international law inexorably passes through the prism of sovereignty and that France and Mexico remain masters of their sovereignty at the international level. This analysis is made possible thanks to the existence of a common historical background and a common legal culture, contractual matters are specifically targeted due to their high level of sensitivity to the influence of public policy. However, private international law has evolved since the identification and construction of the broad categories of the public policy and overriding mandatory rules, which have led to a number of developments whose orientation will have to be verified. These specification elements as multiple as they are varied, such as fundamental rights, protection of the weaker party, constitutional review and proportionality, among others, renders this study an opportunity to highlight the evolving nature of mechanisms related to public policy in international private contract law.
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Santiago Ramírez Reyes. L’affinement des mécanismes liés à l’ordre public dans le choix de la loi applicable aux contrats internationaux : regards franco-mexicain. Droit. Université Panthéon-Sorbonne - Paris I, 2019. Français. ⟨NNT : 2019PA01D088⟩. ⟨tel-02530187⟩

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