- 期刊
The Value of Party Autonomy in Private International Law for the Development of Private Law
摘要
This paper makes a conclusion: the autonomy of the party's will plays a great role in the formulation of private law in modern countries. This paper makes a certain research on the principle of autonomy of will in the historical formation and its influence on contemporary legislation. As a theoretical system, it was put forward by French legalist Di Mulan in the 16th century. Because of its consistency with the idea of ＂freedom of contract＂ advocated by the capitalist community, Western countries have a strong sense of business and independent civic consciousness from the historical sources. The principle of autonomy is the reflection of the principle of freedom of contract in the field of legal application. In 1865, Italy first included the principle of autonomy in the civil code. The United States strongly supports the broad and full practical application of the principle of autonomy in the field of arbitration because of the large number of foreign trade in the United States and the great differences in commercial relations between the states. In our country, foreign legislation and practice have always adopted a positive attitude towards the principle of autonomy of the will of the parties. Therefore, with the development of global economic integration and the advent of the information age, non-international rules, such as international treaties or international treaties, which are generally applicable and familiar to all parties, can greatly improve the efficiency of transactions and promote business in multinational companies, and private civil and commercial activities in international exchanges are becoming more and more complex.