A Study On The Principles Of The Application Of Transnational Civil And Commercial Contracts

The principles of the application of transnational civil and commercial contracts are always the fundamental problems in the study on the theory of the private international law, and the study helps working out the application of transnational contracts in the economic life, what's more, it helps figuring out the rights and duties of the parties. There's a process of the evolution of these principles. This thesis explores the basis theories of the principles, the connotations and the nature of the principles, the relationship between them and the trends of their improvement according to the theories and juridical practice. China has adopted the principle of proper law in nowadays according to Chinese scholars'opinions and the legislation. But the regulations are rough, lacking of practicability. The thesis comes up with some suggestions to improve and perfect the principles combined with the situation in China in order to help the theoretical analysis and the construction of legislation to them. This thesis consists of five parts.The first part explores the resources of the principles of the application of transnational contracts. Bartolus created the"statute theory", which confirmed that the applicable law of contract was composed of the law of the place of contracting and the law of the place of performance. His induction to the application of contract prepared the ground for"the principle of objective connecting points"which is the primary principle during the early stages of the application of contract. Savigny came into the theme by analyzing and distinguishing the legal relationship, and then came up with the doctrine of"the seat of legal relationship". From then on, scholars'attentions shifted from how to apply the regulations to how to seek the proper applicable law for legal relationships. Reese created"the doctrine of most significant relationship"with reference to the cases and doctrines existed. It figured out the applicable law according to"the most significant relationship"existed...