Study On Exceptions To Party Autonomy In International Contracts

With the development of the theory of private autonomy, which was originally applied to the domestic contracts, it also gives a lot of influence on international contracts. The influence embodies that in international contracts parties have the right to choose the applicable laws and the forums, namely, the principle of party autonomy. This thesis discussed exceptions to party autonomy, which means in what circumstances the principle of party autonomy is not used or limited.Firstly, the writer defined the connotation and extension of the exception to the party autonomy. By comparison with other related or similar concepts, such as evasion of law, public order principle and so on, which are all the basic systems of international private law, the writer came out its connotation. Through the discussion on the varieties of theories, the writer concluded the extension of the exceptions, which mainly refer to the restricted species, including new restrictions and old restrictions.Secondly, the author compares the European and the United States’practice in regard to legal provisions of the concept and its practical cases. The writer compared them in new restrictions and old restrictions respectively.Finally, the writer analyzed the legislation in china. And summed up the progress and the defects in China, which is a milepost compared with what were in the past, but seems to be much room for improvement compared to western countries.On this basis, the writer introduced a new method to analyze exception to party autonomy--Method of economic theory, looking forward to the perfection to the thesis and legislative issues.