Study Of Consumer Contract Of Transnational Networks Of Private International Law Issues

The United Nations Convention on Contracts for the International Sale of Goods (CISG) was enacted for cross-border sale of goods. However, Article 2 (a) of CISG has expressively excludes its application to personal, family and household use. That leads to a fact that the cross-border online consumption is in fact fall out of the explicit and effective legal regime. As an emerging market and distinct from the traditional concept of "E-Commerce", the cross-border online consumption poses new challenges to private international law such as the application of the principle of autonomy of parties'will, the doctrine of most significant relationship, the principle of tort law as well as jurisdiction under the Internet environment. Apart from the private international law issues, we also have to pay attention to uniform substantive laws and domestic laws concerning consumer protection because they also have great influence on the choice of laws in terms of cross-border Internet consumer contracts. Therefore, the issue the application of law for cross-border Internet consumer contracts justifies it as an independent problem worthy of attention.This essay is divided into four parts which respectively discuss the application of law of cross-border Internet consumer contracts, choice-of-law rules consumer contracts and its derivative issues such as the application of law issues of tort and jurisdiction.The author of this essay mainly discussed the application of law issue of cross-border Internet consumer contracts. The traditional principles of Party Autonomy and Significant Relation still play important roles. However, they should be modified under the Internet environment so that to be adopted because the seller usually unilaterally enacted formatted contracts which favors themselves. Such modifications would be made according to good faith and mandatory rules. Through the law which has most significant relation with transaction will be applied when parties'choice is absent, it will be compromised and adapted to cater for material justice.The author also discussed issues such as the application of law of tort and jurisdiction which derived from the cross-border Internet consumer contracts for which the author thought worthy of attention.