On Most Closely Connected To The Principle Of The Use Of Foreign Contract The Applicable Law

The doctrine of the most significant relationship is an essential theory in modern private international law, and has deep and extensive influence around the world. It has been more and more accepted and appreciated in the field of international contract because of its stability and flexibility. Nowadays, the doctrine of the most significant relationship is not only the basic criterion for the judge's free weighing on the applicable law of contract, but also guidelines for the choice-of-law legislation in the field of contract all over the world. It may advantage the further research in the field of contract in China and provide lasting guidance on the establishment and development of the private international law system of China in the future if we carry on the investigation and analysis in the concrete application of the applicable law of contract in other countries. Firstly, the thesis construes the implication and history evolution of the doctrine of the most significant relationship. It points out that this principle has reformed the traditional practice from such a great deal of aspects as idea, method, rule, etc. With its advantages of stability and flexibility, the doctrine of the most significant relationship has become the principle that has the strongest adaptability to the modern international contract. Secondly, the thesis illuminates the application course of the doctrine of the most significant relationship in the field of contract. On the basis of expounding the doctrines confirming the applicable law of contract, such as the law of the place of act theory, the party autonomy theory, the doctrine of the most significant relationship, and the theory of proper law of contract, the thesis elaborates the application of the doctrine of the most significant relationship in international contract: in the first place, it is applied to establish the system of choice-of-law regulation in the aspects of legal region and legislation; in the second place, it provides the guidance for judge's free weighing on the applicable law of contract in the legal and juridical aspects. Then the thesis especially analyzes the methods and standards ascertaining "the most significant relationship" in detail, which includes the factors of the point of contact and the result of legal appliance. Determining "the most significant relationship" by the point of contact can still be divided into quantitative estimation and qualitative analysis. Thirdly, the thesis dwells on the application of the doctrine of the most significant relationship in private international laws and international conventions in different countries except China. It also probes into some late-model contracts particularly to prove that the doctrine of the most significant relationship has quite strong adjustability even in application to the new-style contracts, such as electronic commercial contract, intellectual property transfer contract, consumer contract, employment contract, etc. Finally, the thesis sets forth the application of the doctrine of the most significant relationship in the field of international contract in China in the aspect of legislation, theory, and future codes. Advice and suggestions are also given in allusion to our country's legislating and judicial deficiencies currently in the thesis.