INTERNATIONAL COMMERCIAL CONTRACTS IN THE GIG ECONOMY: LEGAL AID ON CHOICE OF LAW FOR DIGITAL NOMADS
DOI:
https://doi.org/10.5281/zenodo.18580970Keywords:
International commercial contracts, gig economy, digital nomads, conflict of laws, party autonomy, Rome I Regulation, clinical legal education, preventive legal aid, smart contracts.Abstract
This thesis provides an exhaustive analysis of conflict of laws challenges in regulating international commercial contracts within the gig economy and for digital nomads. It scrutinizes the friction between the traditional interpretation of "party autonomy" (lex voluntatis) and its application in the context of digital platforms and smart contracts. The author argues that traditional connecting factors of the Rome I Regulation and Hague Principles, such as "habitual residence," are rendered ineffective by the hyper-mobility of digital nomads. The thesis introduces the concept of "preventive legal aid" provided by legal clinics, proposing mechanisms to enhance freelancers' legal awareness and mitigate contractual risks. Through an analysis of Article 1189 of the Civil Code of the Republic of Uzbekistan and the special legal regime for IT Park residents, recommendations are formulated for implementing the "Lex Digitalis" concept into national legislation.
