When a foreign-related contract involves the public interests of the forum,the court can exclude the appli-cation of foreign law and apply the law of the forum by applying unilateral conflict rules and other different methods.In choosing applicable law to foreign-related contracts,the Chinese courts should keep the modest application of the law of the forum,which is a requirement for creating a market-oriented,law-based and international business environment in China.Specifically,the rules of loi d'application immédiate should be limited to the international mandatory rules in Chi-nese laws and administrative regulations,and it should only be directly applicable to a specific aspect of the contract,and the contract involved should have sufficient contact with the forum.Relevant unilateral conflict rule should only be applied to legal relations within its"category";the evasion of law regime should not be applied in the field of choice of law for for-eign-related contracts;Chinese courts should continue to keep cautious in applying the public order reservation regime.
万方数据
维普
