The Application Of Laws Of International Consumer Contracts

The Contract to which one of the parties is a consumer was named the consumer contract by scholars. The suppliers of consumer contracts who own much more bargaining power than consumers can impose any clause into the contracts. If 'party autonomy' wasn't limited will be harmful to consumers. Therefore, the most countries in the world make laws to limit 'party autonomy'.It is possible an international consumer contract that a consumer contract involves foreign factors, for example, the domiciles of the parties in different countries, making a contract in a foreign country, the property or the acting which is the object of the contract in a foreign country. Thus the problem that the laws of which country will determine the international consumer contract will rise. The laws of different countries protect consumers in different degree. So the different laws that apply in consumer contracts protect consumers differently. Consequently, the problem of protecting consumers should be considered when deciding which law applies in the consumer contract, and the special rules of application of laws different to general rules should be applied. The laws of our country that haven't contained special rules of the application of the law of the consumer contract are different from the laws of other country. So we must supply new contents in our laws to protect consumers of our country.Above concepts Were analyzed and demonstrated in this thesis, which as following in details.In the first chapter, the author defines the international consumer contract and indicts his major characteristics. Then, the author evaluates the relation between the application of laws of contracts and the applicable laws of contracts. At last, the author demonstrates the particularity of the application of the law of the international consume contract.In the second chapter, the author analyses the rules of PrivateInternational Law on the application of laws of international consumer contracts by evaluating the principle of 'party autonomy' and the limitation of 'party autonomy' and the application of mandatory rules and the applicable law of the consumer contract when absence of choice of laws. Then, the thesis discusses the rules in International Uniform Law and Private International Uniform Law on the application laws of consumer contracts. In the end of the chapter, the author makes some advice for the application of the law of the international consumer contract.In the third chapter, the author analyses the new problem rising when applies rules of the application of laws in electronic consumer contracts and indicts the principles should be observed when determining the applicable laws of electronic consumer contracts.In the forth chapter, the author discusses the rules of the laws of our country that apply consumer contracts and analyses the defects of these rules and make some advice to perfect these rules.