国际商事合同通则剖析.ppt

（二）通则作为国际商事合同的准据法 1、当事人同意合同受通则管辖时； They shall be applied when the parties have agrees that their contract be governed by them. 2、当事人同意合同受一般法律原则、商人法（或者类似措施）时； They may be applied when the parties have agreed that their contract be governed by general principles of law ,the “lex mercatoria” or the like. 3、当事人没有选择合同所适用的法律时。 They may be applied when the parties have not chosen any law to govern their contract. Article 6.2.2 (Definition of hardship) There is hardship where the occurrence of events fundamentally alters the equilibrium of the contract either because the cost of a party;s performan