The Determination Of The Foreign Contract

The determination of foreign elements of civil relations is the first issue that the dispute resolution mechanism is faced with to resolve the dispute.Whether the case has foreign elements or not determineswhether the parties are entitled to chooseapplicable law and thus is directly related to their rights and obligations;it also affects the jurisdiction,the limitation and judicial review of the arbitration and other matters.It affects the interests of the parties at large.Therefore,the determination of foreign elements has been in the core area of the legislation,practice and research of international private law.Since the introduction of theInterpretation(I)on theAct on the Application of Laws on Foreign-related Civil Relationships of the People's Republic of China,there have been a series of cases in the judicial practice,which led to the discussion of the first article.The judicial interpretation of the first article does not fully solve the problem,and how to apply its miscellaneous provision need to be further specified.This paper mainly analyzes the problems existing in the current legal provisions and judicial practice,as well as through comparative studies on the legislation and judicial practice abroad,to learn from their experience and provide suggestions on the determination of foreign contract in our country.The full text consists of three parts: introduction,text and conclusion.The text is divided into four chapters.Chapter One introduces the concept,standards and significance of the study on the determination of foreign contract.Chapter Two introduces the legal provisions and judicial practice about the determination of foreign contract abroad.Chapter Three examines the related legal provisions and judicial practice in our country.Chapter Four analyzes the existing problems and puts forward some suggestions on improving the criteria and methodology of determination of foreign contract in China.