2004Journal of Tsinghua University(Science and Technology)Requires access

Application of Law Concerning Contract Involving Foreign Interests and Problems Consisting in the Application of the Principle of Party Autonomy

Li Wang

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Abstract

There are two methods to regulate contracts involving foreign interests, one is unitary substantive law, the other is law of conflict. Furthermore, the principle of party autonomy, as a principle on the plane of conflict of law, is of great importance in the choice of law rules as to international contracts. This paper examines certain legal issues for the application of the principle of party autonomy in order to clarify the manner to applicate this principle in the field of contract law.

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What this paper is about

There are two methods to regulate contracts involving foreign interests, one is unitary substantive law, the other is law of conflict. Furthermore, the principle of party autonomy, as a principle on the plane of conflict of law, is of great importance in the choice of law rules as to international contracts. This paper examines certain legal issues for the application of the principle of party autonomy in order to clarify the manner to applicate this principle in the field of contract law.

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Available abstract

There are two methods to regulate contracts involving foreign interests, one is unitary substantive law, the other is law of conflict. Furthermore, the principle of party autonomy, as a principle on the plane of conflict of law, is of great importance in the choice of law rules as to international contracts. This paper examines certain legal issues for the application of the principle of party autonomy in order to clarify the manner to applicate this principle in the field of contract law.

Key concepts: Autonomy, Unitary state, Law, Order (exchange), Political science, Choice of law, Law and economics, Municipal law

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