On The Application Of Law In International Goods Sale Contract

International sale of goods is the basic part of international economic transactions, so special discussion on the application of law related to it is very necessary. The theory and rule of application of law concerning international sale of goods have a process of gradual evolution. The theory of differentiation of law makes foreign laws reasonably apply in international goods contract; however, as international economical transactions advance, the rigidness of this single rule cannot meet the complex practice international sales of goods.When the idea of the freedom of contract and the autonomy of private law is accepted very commonly, the theory of the autonomy of the parties originates and grows, and has been the primary principle of application of law in international goods sale contracts. It has been adopted in legislation and jurisdiction of various countries. In the process of the theory's development, many countries adopt different stands on their attitudes and legislations as to: its related mode of choice, time of choice, scope of choice, whether the agreement of choice of law can be changed or be restricted in its application. Therefore, it is worthwhile to have them analyzed and discussed.If the parties have no valid choice of law, how to apply the law varies in many countries'resolutions. One of the resolutions is the application of the principle of the Most Significant Relationship. The principle is a new creation of theory about the application of law in contract. It confers judges more powers of discretion in order to assure the flexible and reasonable application of law. But how to prevent the judges from abusing the power of discretion and balance the stability and predictability of the application of laws needs further analyzing different countries'approaches.The uniform substantive rule on international sale of goods is the latest method addressing the conflict of law, which can avoid the conflict of law. The traditional rules of application of law, especially the autonomy of the parties, may have an important role in it. The related conventions and international practices can be applied widely because of the autonomy of the parties. In addition, the autonomy of the parties has the trend of wider application and more flexible applicationsChinese rules of application relevant to international goods sale contract stipulated in the Principle of Civil law and the Law of Contract are reasonable as a whole. But its contexts are lack of further details as not to direct efficiently jurisdiction and trade. We should utilize the new advancement of the theory of application of law, and improve related legislation and jurisdiction in order to promote the smoother growth of international goods trade.