Discussing The Choice Of The Applicable Law To The Establishment Of Contracts With "Indian Jute" Etc. Cases

Applicable law is the unique concept and the basic category in the international private law; it refers to certain entity law which is chosen by the conflict rules to determine the specific rights, the obligations and liabilities between the international subjects in civil and commercial legal relationship. Applicable law is recognized as the most complicated and confusing problem in the field of international private law. Among them, the choice of the applicable law to the establishment of contracts is an important element in the application of law of contracts concerning foreign affairs. In current field of international private law, the choice of the applicable law to the establishment of contracts involves many factors, which significantly affect the establishment of contracts. On the basis of the comparing and analyzing the applicable laws to the establishment of contracts in many countries all over the world, this paper gives a comprehensive analysis on the factors related to the applicable law to the establishment of contracts (e.g. separated area contracts, flaws of offer and acceptance, the price of the contract) and on the influence of choice of law. Besides, this paper analyzes the legislative and judicative trend on the applicable laws to the establishment of contracts in many countries all over the world. That is party autonomy principle and principle of proximate connection, which proposes many connected elements and makes the contracts valid in order to choose the applicable law to the establishment of contracts. To grasp this trend has great significance to the choice of the applicable law to the establishment of contracts in practice and the implementation of laws in China.