20xx国际商事合同通则之官方注释评论英文版

20xx国际商事合同通则之官方注释评论英文版内容摘要：

slators In view of their intrinsic merits the Principles may in addition serve as a model to national and international lawmakers for the drafting of legislation in the field of general contract law or with respect to special types of transaction. At a national level, the Principles may be particularly useful to those countries which lack a developed body of legal rules relating to contracts and which intend to update their law, at least with respect to foreign economic relationships, to current international standards. Not too different is the situation of those countries with a welldefined legal system, but which after the recent dramatic changes in their sociopolitical structure have an urgent need to rewrite their laws, in particular those relating to economic and business activities. At an international level the Principles could bee an important term of reference for the drafting of conventions and model laws. So far the terminology used to express the same concept differs considerably from one instrument to another, with the obvious risk of misunderstandings and misinterpretations. Such inconsistencies could be avoided if the terminology of the Principles were to be adopted as an international uniform glossary. 8. Other possible uses of the Principles The list set out in the Preamble of the different ways in which the Principles may be used is not exhaustive. Thus, the Principles may also serve as a guide for drafting contracts. In particular the Principles facilitate the identification of the issues to be addressed in the contract and provide a neutral legal terminology equally understandable by all the parties involved. Such a use of the Principles is enhanced by the fact that they are available in a large number of languages. The Principles may also be used as a substitute for the domestic law otherwise applicable. This is the case whenever it proves impossible or extremely difficult to establish the relevant rule of that particular domestic law with respect to a specific issue, . it would entail disproportionate efforts and/or costs. The reasons for this generally lie in the special character of the legal sources of the domestic law in question and/or the cost of accessing them. Furthermore, the Principles may be used as course material in universities and law schools, thereby promoting the teaching of contract law on a truly parative basis. (Freedom of contract) The parties are free to enter into a contract and to determine its content. Official Comment 1. Freedom of contract as a basic principle in the context of international trade The principle of freedom of contract is of paramount importance in the context of international trade. The right of business people to decide freely to whom they will offer their goods or services and by whom they wish to be supplied, as well as the possibility for them freely to agree on the terms of individual transactions, are the cornerstones of an open, marketoriented and petitive international economic order. 2. Economic sectors where there is no petition There are of course a number of possible exceptions to the principle laid down in this Article. As concerns the freedom to conclude contracts with any other person, there are economic sectors which States may decide in the public interest to exclude from open petition. In such cases the goods or services in question can only be requested from the one available supplier, which will usually be a public body, and which may or may not be under a duty to conclude a contract with whoever makes a request, within the limits of the availability of the goods or services. 3. Limitation of party autonomy by mandatory rules With respect to the freedom to determine the content of the contract, in the first instance the Principles themselves contain provisions from which the parties may not derogate (see Article ). Moreover, there are mandatory rules, whether of national, international or supranational origin, which, if applicable in accordance with the relevant rules of private international law, prevail over the provisions contained in the Principles and from which the parties cannot derogate (see Article ). (No form required) Nothing in these Principles requires a contract, statement or any other act to be made in or evidenced by a particular form. It may be proved by any means, including witnesses. Official Comment 1. Contracts as a rule not subject to formal requirements This Article states the principle that the conclusion of a contract is not subject to any requirement as to form. The same principle also applies to the subsequent modification or termination of a contract by agreement of the parties. The principle, which is to be found in many, although not in all, legal systems, seems particularly appropriate in the context of international trade relationships where, thanks to modern means of munication, many transactions are concluded at great speed and by a mixture of conversations, telefaxes, paper contracts, and web munication. The first sentence of the Article takes into account the fact that some legal systems regard requirements as to form as matters relating to substance, while others impose them for evidentiary purposes only. The second sentence is intended to make it clear that to the extent that the principle of freedom of form applies, it implies the admissibility of oral evidence in judicial proceedings. 2. Statements and other unilateral acts The principle of no requirement as to form applies also to statements and other unilateral acts. The most important such acts are statements of intent made by parties either in the course of the formation or performance of a contract (. an offer, acceptance of an offer, confirmation of t。