A Study Of International Commercial Usage And Its Application

International commercial usages have an important function in the transnational commercial relations. It is considered as the simple method to avoid and delete the conflict of laws. They have become one of the most main sources of international uniform substantive private law in the course of unification and harmonization of international economic and trade law. This thesis studies from definition of international commercial usages, analyzed and explored the basic problem of theory of international commercial usages. The thesis has been tailored into five chapters(introduction and conclusion are not included).Chapter 1 distinguished the meaning of international commercial usages, conformed the definition and character of international commercial usages, analyzed the shape and category of international commercial usages and observed their develop history. Under the background of international uniform substantive private law, Chapter 2 studied the quality and status of international commercial usages, and it is thought that we should consider the quality of international commercial usages from a new view that it is incorporate in legal category in brand sense. International commercial usages have had an important function to regulate international commercial relation as uniform source of substantive private law. Issues concerning the application of international commercial usages shall be discussed in both Chapter 3 and In Chapter 4.The study focused on whether the commercial usage is applicable law of international commercial relation. On the base of expression, the author researched the trend of develop of this problem. At the same time, the thesis analyzed all-sidedly some problem of application of international commercial usages, such as basis, method and function, relationship with other rule of law, limitation to usages, qualification and evidence of international commercial usages. Chapter 5 focused on some controversial problems of international commercial usages while they are applied in our country, and put forward proposals.