国际商事惯例的作用空间与效力基础

The Function and Legal Validity of International Commercial Usages in International Commercial Business Affairs

国际商事惯例是无数商品生产者在商品经济交易活动中共同总结、提炼出来的,使各种经济行为从无序转向有序的,且至今仍在不断发展和完善的一系列规范。涉外民商事法律关系是复杂的,并且是不断变化发展的,一切成文法,包括国内立法和国际条约都因种种条件的限制而具有相对的稳定性,难以适应国际经济交往关系发展形势的需要,而国际商事惯例则具有广泛性、概括性、现实性和灵活性的特点,在涉外民商事法律关系不可能全部由成文法调整的当今国际经济交往的社会中,承担着越来越重要的使命。

International commercial practices are series of criterions which summarized and abstracted from heaps of time of commodity economic activities by manufacturers, and still developed and improved continuously up to date. Foreign civil and commercial legal relationships are complicated, and developed and changed continuously. All written laws, which including domestic legislations and international treaties, are both steady relatively because of restriction of a variety of conditions and difficult to fit the development needs of international economic intercourse relationships. However, with the characteristics of universality, generality, reality and flexibility, international commercial practices have undertaken more and more important roles in today＇s international economic intercourse society which the foreign civil and commercial legal relationships are impossibly regulated all by written laws.