On The Protection Of The Weak Party In The Application Of Law Concerning Contracts With Foreign

Among most of contracts with foreign elements, there is always a case that one party is weaker and another one is stronger just because of the unequal status. This inequality is not conducive to the healthy development of foreign civil legal relations,and can not achieve substantial justice. In order to make the two sides in equality, giving special protection for the interests of the weak party is important.In recent years, international judicial pay attention to protecting the interests of the weak party,mainly because of the people-oriented spirit of international justice and the rise of human rights in the world,as well as the changed values of the formal justice to substantive justice.Many countries around the world give a tilt protection to the interests of the weak party in legislation of contracts with foreign elements. Compared with our country, there are still many shortcomings whatever in practice and legislation.The thesis is divided into four chapters,the main contents are as follows:The first chapter describes the purpose and significance, proves the necessity of topics; meanwhile it summarizes research status at home and abroad to provide a reference for the thesis; finally, it proposes research methods and innovation. The second chapter,explains the meaning of weak party in foreign civil legal relations and in contracts with foreign elements.Through horizontal comparison, it analyzes the theoretical basis of the principle of protecting the weak party in different countries, and finally summarizes the legal basis of existence. Longitudinal analysis, it describes the development of this principle and combs the whole picture of the evolution of history. The third chapter,it analyzes the conflict rules of the contracts with foreign elements and summarizes how to protect the interests of the weak party in application of every conflict rule from the perspective of weak party protection.The fourth chapter, a little considerations of implementation for the principle of weak party protection which analyzes the deficiencies in our legislation, and propose the improve measures one by one.