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The Researches On The Problems Of Laws Applying To The International Contracts Of Buying And Selling Goods

Posted on:2008-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:H SunFull Text:PDF
GTID:2166360242472546Subject:International Law
Abstract/Summary:PDF Full Text Request
The problem that is caused in the laws applying to the international contract of buying and selling goods is the one or ones both parties dispute over one or some points while there is no concrete stipulation on how to solve the disputes in the contract. With the rapid progress of foreign trades after entering into the WTO, singing and fulfilling an international contract of buying and selling goods is an important form that our country develops foreign communication of economy and technology and participates in international cooperation. The problem, however, caused in the laws applying to such contracts concerning foreign affairs is always the complex one in the field of international private law, which can't be modulated by some principle or unchangeable regulations of laws. Meanwhile, there is highly man-made nature in the contract itself, which neither is taken the nature and the blood as a basis just like the relation of identity nor has the relation to use and control certain things directly and exclusively just like the ownership of things. So it's difficult to judge which concerning factor is the decisive point, which brings a lot difficulties to selecting and using proper laws. In the dissertation, the writer discusses the problem that is caused in the laws applying to the international contract of buying and selling goods in the respects from the methodology and applied principles in theory to some concrete problems during the process of using international covenants and practices in practice to the effects of internets on the field, and also the writer simply analyzes the problems existing in the practices of legislation and judicature in our modern period.
Keywords/Search Tags:International contracts, Application of laws, The Autonomy principle of intention of parties, The Principle of closest of closest connection
PDF Full Text Request
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