An Analysis Of The Problems Arising From The Application Of Laws Of International E-business Contracts

An international e-business contract is a commercial transaction agreement reached with Internet as operation platform. A new challenge to traditional legal system raised by international e-business contract as a result of the non-central, autonomous, global and virtual nature of the Internet, which is all-round, existing in the fields of both civil-commercial law and the conflict of laws. How to face the big challenge to the application of laws raised by international e-business contracts under the perspective of the conflict of laws? How to understand the doctrine of autonomy of will and the doctrine of the most significant relationship from a new point of view? Therefore, the dissertation is divided into three parts to deal with the questions above raised.Chapter1 defines an international e-business contract as well as e-business and an e-business contract related to it and introduces their basic characteristics.Chapter 2 analyzes the challenges to the system of the application of laws, reveals their reasons and puts forward Countermeasures against them. International e-business contracts face with many new problems arising from the conventional system of the application of laws, which are embodied not only in connecting factors but also in the choice of law. The author comes up with a variety of proposals for these challenges.Chapter3 makes a detailed discussion on relevant legislation and practice as well as other problems arising from the application of the doctrine of the autonomy of will and the doctrine of the most significant relationship in international e-business contracts.