论涉外合同法律适用理论与实践-法律学专业论文.docxVIP

Abstract With the rapid development of the transportation and the communication, the world has been shrinking a global village and the cross-border commercial exchanges have been becoming more frequent and complex. But the sovereign states and different legal systems still and will exist in the future which leads the law application conflict on the foreign-related contracts to exist for a very long term and be more important than ever. China has entered into the WTO for nearly seven years and is bound to become more involved in international civil and commercial exchanges and cooperation. The law application legislation and practice on foreign-related contracts hasn’t got well development until after the reform and opening up of China. Therefore, in order to better participate in international cooperation and competition, it is significant to study the international and domestic law application on the foreign-related contracts. The thesis discusses the theory on the law application of the foreign-related contracts, the scope of the law application and the present condition of China’s law application on foreign-related contracts. The full text is divided into four sections. The first section studies the development of the theory on the law application of the foreign-related contracts. The law application theory has f experienced the four stages: the law distinction theory, the theory on the legal relationship seat, the interested parties’ meaning autonomy theory and the closest relationship theory. Now the interested parties’ meaning autonomy principle has been adopted universally and the closest relationship has been taken as its compensation. The interested parties meaning autonomy principle respects the interested parties to the utmost and the closest relationship principle makes it possible for the judges to determine which law should be applied to the foreign-related contracts when the contract parties don’t choose the applicable law. A well law-determination m