| 英文摘要 |
This article explores the issue of the application of law to contracts involving foreign elements, focusing on recent judicial decisions in Taiwan. It examines how the principle of party autonomy should be specifically applied in foreign-related contracts and discusses the selection, confirmation, and limitations of the applicable law. Special attention is given to whether parties can freely choose non-national rules as the governing law, as well as the scope of the applicable law, covering issues such as contract formation, validity, and the legality of its terms.
The article argues that the scope of the governing law should include determining the formation and validity of the contract, the legality of the contract terms, performance obligations, consequences of breach, contract interpretation, and contract termination. However, issues concerning the contracting parties’capacity and the manner of contract performance fall outside this scope and should be handled under other legal principles. Moreover, when there is a dispute about the formation of a contract involving foreign elements, Taiwanese courts should apply the“putative proper law doctrine”under Article 1 of the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements as the basis for determining the applicable law. |
