The Comparative Research Of Law Application Of Contract Relating To Foreign Factors

Focusing on the applicable laws of foreign contract, the essay made comparative research to several historical typical theories and opinions with law theories and methods and research the latest development trend of applicable laws of foreign contracts.Part I -It introduced the definitions of foreign contract and the development of applicable law of liabilities.Part II-It mainly discussed the question of applicable law on Theory of Principle Distinguishing and its era foreign contract's liabilities. Firstly, it introduced the founding, development and representatives of Theory of Principle Distinguishing; then summarized the applicable law condition of foreign contract's liabilities in Theory of Principle Distinguishing. At last, it conducted appraisal to the author of this essay.Part III-It mainly discussed and studied Party Autonomy Theory,including the concept, history source and influence on international private laws of countries in the world of Party Autonomy Theory and etc.Part IV-It mainly discussed and studied the Theory of Proper Law ofContract, including the explanation, composition, development of Proper Law of Foreign Contract and the appraisal to Proper Law of Contract by its author.Part V-It mainly discussed the Theory of Closest Ties, including themeaning, history source and practice of this theory; meanwhile, compare the law system of mainland to the legislation and judicial practice of America. It emphasized on studying the problem of "how to confirm closest ties".Part VI-It mainly introduced the newest development and expectation ofapplicable law of foreign contract's liabilities, including the new development of proper law of contract of interested party and the limitation to the closest ties principle. At last, the author conducted expectation to applicable law from the view of form and content.