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在国际私法中,合同领域的“意思自治”原则是指合同当事人有权在协议一致的基础上选择某一国家或地区的法律来支配其间的权利义务关系,一旦当事人之间发生争议,受理案件的法院、仲裁机构应以当事人选择的法律作为合同的准据法,以此确定其间的权利义务关系。 “意思自治”原则可追潮到15世纪柯迪乌斯的论述.他指出合同之所以适用行为地法,是因为“当事人默示同意适用该法”。但这一思想并未引起当时人们的普遍关注,直到16世纪法国的查理·杜摩林大力倡导这一原则,它才在国际私法领域得到了广泛地接受和应用。现在,这一原则已成为合同法律适用的基本原则之一,在法律选择方面发挥着不可替代的作用。
In private international law, the principle of “autonomous autonomy” in the field of contract means that the parties to a contract have the right to choose the law of a certain country or region to govern the rights and obligations during the contract on the basis of agreement. Once a dispute arises among the parties, The courts and arbitration agencies should use the law chosen by the parties as the law governing the contract in order to determine their rights and obligations. The principle of “autonomy of will” can catch up with the statement of Kodiius in the 15th century, and pointed out that the law of the contract applies to the law of behavior because “the parties impliedly agree to apply the law.” However, this idea did not arouse the people’s universal attention at that time. It was not until the 16th century that France’s Charlie Tudulin vigorously advocated this principle that it was widely accepted and applied in the field of private international law. Nowadays, this principle has become one of the basic principles for the application of contract law and plays an irreplaceable role in the choice of law.