Analyses On The Applicable Law Of Foreign Related Contracts Abstract Of The Thesis

In today’s society,international civil and commercial exchanges become moreand more frequent,which,in turn,inevitably leads to conflicts in foreign-relatedcontracts of law applicable fields. With the rapid increase of foreign-related affairsand exchanges,The study of the law application of the foreign-related contracts playsan important role in guiding the judicial practices. On April,1st,2011,"ChineseConvention on the Law Applicable to International Civil Affairs"has come intoeffect,which is also the first Convention of international private law in our country,Itregulates the issues on the law application of the foreign-related civil affairs and makeup the deficiency in the law application of the foreign-related civil affairs,but the Lawis too simple to regulate foreign-related contacts. In order to better the legislation ofthe law application of foreign-related contracts and participate in internationalcooperation and competition,it is significant to study the international and domesticlaw application on the foreign-related contracts.The full text is divided into four sections.In the first chapter,the definition of the foreign-related contracts and itsapplicable laws are discussed. Firstly,the author discusses the definition of theforeign-related contract and its judgment in China.Then, the author discusses thetheory of the applicable law of the foreign-related contract.which include objectiveand subjective theory,the theory of wholeness and segmentation,the proper law ofthe contract as well.In the second chapter the author discusses the four basic principles on theapplicable laws of contract,which include: the rule of autonomy of the will, the most significant relationship principle,apply the principle of Chinese law mandatoryinternational treaty shall prevail,international convention shortage make-up principle.combined with the relative legislations in China, the four principals are analyzed.The third chapter, the author’s research focus on the legislation and practice onthe application of the foreign-related contract law in China.This chapter is viewedthrough three aspects—definitions of the theories,relevant legislations and judicialpractices, to discuss four problems on application of the law of foreign-relatedcontract,which include the problem of evasion of law,the practice of proving andapplying the applicable foreign law,the reservation of public order and the protectionfor the weakness.Meanwhile,the paper also discuss the problems on the lawapplicable to some consumer contract and employment contract in"ChineseConvention on the Law Applicable to International civil Affairs".Chapter four,based on the present practices and legislations,the author discussesthe problems of the applicable law of the foreign-contract in China and offer someadvices to solve the problems.This part is the key in this paper.First,the author,ingeneral, discusses the situation of the legislation and practice of the application of ourforeign-related contract law,Then,based on the fore-mentioned analysis, suggestionsare given for the betterment of the legislation of our foreign-related contractlaw.Which include the rule of autonomy of the will,the applicable law of thecontract,the proving and applying the applicable foreign law,the reservation of publicorder and the protection for the weakness.