国际贸易惯例的性质及在我国的适用

The Character of International Trade Convention and its Application in China

国际贸易惯例是在长期的国际贸易实践中经反复实践而形成的公认的、具有普遍适用性的行为规则。国际贸易惯例是法律,而且属于法律规范中的任意性规范。国际贸易惯例在我国的适用必须符合两个条件:一是需经当事人协商选择;二是不能违背我国社会公共秩序。

The convention of international trade is formed with long -time and continual international trade practice and has received public recognition, which is a series of regulations applicable worldwide. International trade convention is a kind of law and belongs to the permissive regulation. The application of international trade conventional in China must meet two requirements： first, it should be the coordination and choice of the involved parties; second. it should not go against the social public order of China .