论涉外合同准据法的确定

On Determination Of Applicable Law In International Contract

在如何确定涉外合同准据法的问题上,当今世界各国均将“意思自治”原则作为确定涉外合同准据法的首要原则,即由合同的双方当事人共同选择适用于合同的准据法。在当事人依据意思自治原则确定了涉外合同的准据法以后,由于主客观原因,据以确定涉外合同准据法的冲突规范、连结点发生了变化,或者当事人双方事先共同选择的准据法本身发生了变化时,其涉外合同的准据法原则上也应该由当事人双方依据意思自治原则确定,但法律另有规定的除外。

As far as how to determine the applicable law in international contract is concerned, currently the international view is regarding ＂doctrine of autonomy of will＂ as the primary principle to determine the applicable law. For the reason of objective and subjective factors, after determination according to Doctrine, conflict provision and link-factors which determines applicable law in international contracts alters, or previously common chosen applicable law between parties alters itself, determination of applicable law should also principally leave to parties in accord with Doctrine with the exception of that there is additional provision.