| 释义 |
proper law of a contract
The system of law that is applied in private international law to a contract with foreign elements. Which system governs the contract will depend on the intention of the parties to the contract, to be determined in each case by considering the terms of the contract, and all the surrounding facts. If the parties have expressly agreed which law should govern the contract, that law will normally be applied by virtue of the Rome I Regulation (in force in the UK from 17 December 2009 and incorporated in domestic legislation so it continues to apply after Brexit). If they have not expressly agreed, the courts try to infer their intention from all the circumstances; if it cannot be inferred, they will apply the system of law with which the contract has “its closest and most real connection”. See also party autonomy. |