Study On International Contract Application Of Law

The contract in the international private law refers to transnational contract, or international contract, also known as contract law concerning foreign affairs to a country. Its fundamental difference from civil and commercial law is that is international. That is,there is a certain link in the contracts with two or more countries, Due to the existence of some kind of transnational factors, involving the legislative jurisdiction of different countries or in different countries to choose between the law of contracts. This paper mainly introduces three principles applicable to the contract law, including the principle of the autonomous will, The principle of the most significant relationship, the principle of objective symbol. These principles have already been generally accepted by the countries of the world, and each has its own characteristics, applications and the restrictions. This paper has carried on the analysis comparatively, explaining practical significance of each , and emphatically introduced the meanings, historical development, applications, and the limits of the principle of the autonomous will and the principle of the most significant relationship via each principle's origin, application and social evaluation. These two principles are also the most commonly used two principles in the applications of the international contract law. At the same time, the applicable methodologies of the contract law consisting of the identity theory, the division theory, the subjectivity theory and objectively theory concerned suit theory have been earnestly analyzed in this article. The identity theory and division theory reflect different understanding of contract integrity and the complexity; the subjectivity theory and objectivity theory has reflected the litigant meaning autonomous and international contract of state intervention economy contradiction. This paper elaborated the applicable status of international contract law from different perspectives of international contract law suitable meaning, the historical development and the principle as well as the different claims of applicable international contract law.Based on the legislation practice and principle of contract law concerning foreign affairs and the limitation, this paper discussed the issues on the application to contract law concerning foreign affairs to our country, pointing out the present situation of contract law concerning foreign affairs suitable legislation of our country the aspects needed to be consummated, and putting forward some proposals.