论“直接适用法”在合同领域的新发展

长期以来,在国际私法中,基于以意思自治原则为指导思想的合同领域,当事人对合同的法律适用问题具有相当大的选择权。但是,随着二战之后国家对社会经济生活各个领域干预的不断增强,当事人对合同法律适用的选择权正在日益经受一些限制,这突出表现在当代国际合同法律适用的领域中呈现出“直接适用法”的适用场合逐渐增多,而且“直接适用法”对合同法律适用的影响也显现出逐步扩大的发展趋势。

On the New Development of Loid' Application Immediate in the Field of Contracts

In the field of contracts based on the guiding principle of autonomy of parties, the parties of the contracts have the right to the choice of law for their contracts. But, along with the constant strengthening of intervention in social and economic affairs by all states, this right to the choice of law for their contracts has been increasingly restricted. In the area of the law application in international contracts, there have appeared more and more occasions for the application of loid' application immediate, and the effects of the loid' application immediate upon the choice of law in contracts tend to be expanding.