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《中华人民共和国涉外经济合同法》和《中华人民共和国民法通则》都规定“当事人可以选择处理合同争议所适用的法律”,并把当事人选择的法律放在合同准据法的优先地位。但是,中国法律对涉外合同当事人选择合同准据法的问题仅作了原则性规定,在具体运用过程中会遇到一些实际问题,本文拟就其中一些问题进行探讨。
Both the “Law of the People's Republic of China on Foreign Economic Contracts” and the “General Principles of Civil Law of the People's Republic of China” stipulate that “the parties may choose to deal with the law applicable to the contract dispute” and that the law chosen by the parties be given priority in the law of contract. However, the Chinese law provides only the principle of the principle that the parties involved in a foreign contract should choose the contract applicable law. Some practical problems will be encountered during the concrete application of the law. This article intends to discuss some of these issues.