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我国关于涉外委托设计合同法律适用的立法以“意思自治原则”为首要原则,确立了“最密切联系原则”的辅助性地位,并曾在司法解释中以特征性履行方法帮助其加以确定各种合同通常应当适用什么法律;且采用了强制规则和公共秩序的相关规定。但随着1999年《合同法》的颁布、《涉外经济合同法》及其司法解释的废止,以特征性履行方法作为最密切联系原则具体化依据的内容由原本就不够完备超前的规定甚至变为了立法空白,因此亟待完善。
In our country, the legislation on the legal application of foreign-related design contracts is based on the principle of “autonomy of means of intention” and establishes the auxiliary status of “the most relevant principle of association”. In the process of judicial interpretation, To determine what kind of law should normally apply to contracts of various kinds, and to apply the rules of coercion and public order. However, with the promulgation of the “Contract Law” in 1999, the “Economic Contract Law Concerning Foreign Affairs” and its repeal of judicial interpretations, and the content that is based on the principle of characteristic performance as the most closely related principle has been changed from a provision that is not fully advanced and even changed In order to make the legislation blank, it is urgent to improve.