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Law applicable clause

Published in:2018-09-17

In international contracts for the sale of goods, because the parties involved in the contracts come from different countries, it is very necessary to set up applicable law provisions to prevent the inability to interpret contracts and resolve disputes when disputes arise. Generally speaking, it is determined according to the principle of party autonomy internationally, but according to the current law of our country, it is also limited by the principle of the closest connection and the principle of public order reservation. The provisions on the scope of application of party autonomy rights in the Convention are more complete and extensive. However, domestic contracts for the sale and purchase of goods are generally regulated by Contract Law and General Principles of Civil Law, so this clause is rarely set up. Therefore, whether in law or in practice, there are certain differences between the main provisions of international contracts for the sale of goods and domestic contracts for the sale of goods. China's " Contract Law" should make full use of the Convention, especially some practices in international trade, so that it can be perfected day by day in the establishment of contract terms.