英文摘要 |
Nowadays the Principle of Party Autonomy becomes the first principle of application of laws to foreign-related contract. But when parties have no agreement on the application of law, which are the supplementary rules is still controversial. And it becomes a big problem for Chinese judges, who prefer to apply the laws of China under such situation. The Law of the People’s Republic of China on Application of Laws to Foreign-related Civil Relations has made the Doctrine of Characteristic Performance and the Doctrine of the Most Significant Relationship as the supplementary rules of application of laws to foreign-related contract. Unfortunately it remains largely unanswered as to the relationship between the two Doctrines. This article begins with the outstanding problems in judicial practice, analyses merits and faults of the relevant provisions of Law of the People’s Republic of China on Application of Laws to Foreign-Related Civil Relations, and attempts to make a clear framework on the supplementary rules on choice of law in foreign-related contract. |