Empirical Research On The Comparative Advantages Of United Private Law On Internaitonal Contract

International Contract United Private Law, as the unified substantial lawon the international contract area, could be dated from the jus gentium ofRoma. Many international organizations endeavored to compile and formInternational Contract United Private Law since20th century, lots of whichhave been complied and promoted around the world. The most basic groundfor the development of the International Contract United Private Law is that thedevelopment of the world economy requires more of International ContractUnited Private Law.International Contract United Private Law has many comparativeadvantages compared with domestic conflict law. The disadvantages of thedomestic conflict include: lowering the party’s foreseeability on the legal actionconsequence during the international business; adopting the conflict laws maynot completely realize the substantial justice of the legal relationship of theinternational contract; it could be difficult to adopt the applicable law; and thefinal applicable law determined by the conflict law is a domestic law whichcould not solve the international legal conflicts properly. The unified conflictlaw improved conflict law theory, but still could not overcome the limitationsinside.Comparing with the conflict law, the advantages of the InternationalContract United Private Law include: enhancing the party’s foreseeability onthe legal action consequence; the unified private laws may be in compliancewith the substantial justice directly; the adopting of international contractunified private law is more simple and certain; and the arrangement of therights and obligations within the unified private law could satisfy the demand ofthe multinational legal relationship. International Contract Private Law, madeand compiled on the basis of the nature and characteristics of the internationalcontract, provides the rights and obligations of the parties of the internationalcontract relationship directly.International Contract Unified Private Law shall satisfy the requirement of the procedure justice. The complete and well-organized organization frame,operation process, legislation procedure and the follow-up promoting of theUNIDROIT make the organization a good example for other organizationswhich research and compile the Unified Private Law, and a lot of effectiveinternational contract unified private laws were successfully made andpromoted herein.In the Unified Private Law history, the most remarkable achievement isthe practice of European Unified Private Law. Analysis of the success ofEuropean Unified Private Law is significant for the research over the actualeffect of Unified Private Law. With the development of history, the culturalcommunications among the European countries constituted the ground of thesense of common justice; multinational communication emphases theindependent of the international problem from the domestic problem, and lotsof customary law emerged herein; national amalgamation reduces thedifference between different countries; and economic is the basic reason ofthe development. On the basis of the aforesaid reasons, with the same legaland justice concepts, it is easier for European to develop its united private law.The enlightenment from the research above is that the compilation ofUnited Private Law must have a reasonable organization, a valid process,coordination of interest among nations, be in compliance with the need of legalpractice, and assorted dispute settlement systems well. China shall seize thechance to improve United Private Law, and engage in the process oflegislation of regional and international united private laws. The emergence ofUnited Private Law also means extensive legal service market, and legalprofessionals shall promote the improvement of United Private Law.