Research On Characteristic Performance Theory In Applicable Law For Foreign Contracts

Characteristic Performance is an important part of applicable law of foreigncontracts. Article41of The Law of the Application of Law for Foreign Related CivilRelations stipulates the law application of foreign contracts, but its over-concision hascaused disputes about the status of Characteristic Performance in Article41amongthe scholars，which intensively reflected in the contradiction between the opinion ofconversion and the opinion of non-conversion. Considering both the domestic andglobal legislation and practice of law application of foreign contracts, Article41issupposed to has mirrored "ROME I" and takes Characteristic Performance as theindependent and superior applicable rules of foreign contracts over the Theory ofClosest Connection. Meanwhile the following aspects, such as perfecting the specificcategorization of contracts, establishing general rules of Characteristic Performanceand defining relations between Characteristic Performance and the Theory of ClosestConnection, could be taken into consideration to further improve the legislation ofCharacteristic Performance by shaping a set of interlocking applicable rules of foreigncontracts which logically begins with Characteristic Performance Theory and takesthe Theory of Closest Connection as the supplement.