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On The Principle Of Autonomy Of The Parties In The Applicable Law Of International Commercial Loan

Posted on:2005-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:H Z TangFull Text:PDF
GTID:2166360155956781Subject:International Law
Abstract/Summary:PDF Full Text Request
International commercial loan is one of main methods of international finance. The applicable law of international commercial loan agreement has already caused people's attention day by day in practice. As the primary principle, the principle of autonomy of the parties is applicable to international commercial loan agreement, where is any particularity in using? The author uses international financial jurisprudence and comparative analysis to study some legal issues about it. The article can be divided into seven chapters.In the first chapter, beginning with the definition of the international commercial loan, the author analyses every legal relation in the international commercial loan, and analyses the applicable law about it overall but briefly. The second chapter analyses simply on the whole the position and function of the principle of autonomy of the parties in the international commercial loan agreement, and compares the positions of the principle of autonomy of parties in the applicable law of international commercial loan agreement and several kinds of special international contracts. The third chapter comes to confirm the parties' autonomy from way, time and range in which the law chooses. The fourth chapter discusses the measures of making the loan agreement melt steadily that the party takes, such as freezing the applicable law (it means choosing the law implemented in certain time), and fixing agreement's clause. The fifth chapter is about the restriction of the principle of autonomy of the parties in the applicable law of international commercial loan agreement, including application of mandatory rules, obligation of public order and connection with the agreement, and the request of bona fide and legal. In addition, the chapter analyses the particularity of applicable law in a segment when the country is debit and credit side. The sixth chapter studies the scope of validity of the applicable law chosen according to the...
Keywords/Search Tags:international commercial loan agreement, applicable law, the principle of autonomy of the parties
PDF Full Text Request
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