A Study on the Law Applicable to Foreign Contracts － Discussing with the Revised Act Governing the Choice of Law in Civil Matters Involving Foreign Elements in Taiwan.

• Main Authors: Wei-Lun Li, 利唯綸
• Other Authors: 林廷機
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/am43ef

碩士 === 逢甲大學 === 財經法律研究所 === 103 === Due to the advancement of technology and great accessibility to the other countries, having a business or making a contract with another country is not limited by the traffic now. Especially our country Taiwan is an island state where depend on the International trade for its economics. Since the contract dispute involves with foreign elements, there are some national laws which relating to the contracts would be considered in this event. Therefore, which law the court will apply to the case that the parties are most concern about, because the rights enforcement will be differently by different law. In Taiwan, the latest Private International Law (The Act Governing the Choice of Law in Civil Matters Involving Foreign Elements) officially came into effect the conflict of laws in 2010. It referred to the American Law Institute that completed the compilation of the Restatement Second, Conflict of Laws in 1971. The “Doctrine of the Most Significant Relationship” became the core theory of the Second Restatement, and the “Theory of the Characteristic Performance” which is the main topic of convention on the law applicable to contractual obligations, also known as Rome Convention that was completed by the European Economic Community in 1980. These two theories now became an extremely significant principles in the Private International Law in the whole world. After Taiwan had followed upon this trend of conflict of laws revised, this thesis noticed that if the new theories were capable of used or not and tried to bring up some comments and advices for the new choice of law of Private International Law over foreign legislation, judicial cases and the International Convention.