为了尽量减少和克服法官在推定合同当事人默示选择过程中的任意和武断,可以给默示选择适用的惯例设定一定的条件,包括主观标准即当事人知道或理应知道和客观标准即在国际贸易中已为特定交易所涉及的某一类合同当事人广泛知道和惯常遵守。而且,虽然国际商事惯例的不合理性不是普遍的,但在适用默示选择的商事惯例时,其合理性也应当是必须考虑的标准。 In order to minimize and overcome the arbitrariness and arbitrariness of the judge in the process of implicitly suggesting the parties to the contract, certain conditions may be set for the practice of the implied choice, including the subjective criteria that the parties know or ought to know, and the objective criteria that are in international trade Has been widely known and habitually observed by a particular class of contract parties involved in a particular transaction. Moreover, while the irrationality of international commercial practice is not universal, its rationality should also be a criterion that must be considered in applying implied commercial practices.