Study On The Principles Of International Commercial Contracts2010

The Governing Council of International Institute for the Unification of Private Law (UNIDROIT) formally adopted the3rd edition of Principles of International Commercial Contracts at its90th session on10May,2011. Principles of International Commercial Contracts2010is not limited to each country’s legal principle and point of view, fully absorbs and accepts the latest achievements of modern contract law, and reflects the latest trends of international commercial contract legislation. Taking Principles of International Commercial Contracts2010as the object of study, this paper aims to provide references for legislation of contract for our country, by revealing the nature and functions of Principles of International Commercial Contracts2010, and analyzing new topics and application of Principles of International Commercial Contracts2010.This paper includes three parts:introduction, body and conclusion. The body is divided into four chapters:Chapter I is the overviews of Principles of International Commercial Contracts2010. As the overviews of Principles of International Commercial Contracts2010, this chapter reveals the Restatement of Law nature of Principles of International Commercial Contracts2010, analyzes its three main functions:function of applicable law, function of legal interpretation, function of model law, and reviews its history.Chapter II is the application of Principles of International Commercial Contracts2010. This chapter from the two aspects of litigation and arbitration to discuss the application of Principles of International Commercial Contracts2010, on the one hand expounds the necessity and possibility of its application, on the other hand summarizes its specific applicable situation by using case analysis method.Chapter III is the analysis of new topics of Principles of International Commercial Contracts2010. This chapter explores the four new topics of Principles of International Commercial Contracts2010, i.e., unwinding of lailed contracts, conditions, plurality of debtors and of creditors, illegality. Based on the exposition of theory and provisions of domestic and international law related to the four new topics, this chapter in-depth analyzes the specific provisions of Principles of International Commercial Contracts2010. Chapter IV is the enlightenment of new topics of Principles of International Commercial Contracts2010for our country. This chapter discusses the legislative enlightenment of the most important three new topics, i.e., conditions, unwinding of failed contracts, plurality of debtors and of creditors of Principles of International Commercial Contracts2010for the contract laws even the debt laws of our country.