论文部分内容阅读
涉外经济合同是我国特有的一个法律术语,与其他论著和场合中的外贸合同,国际合同等概念,在性质和内容方面,基本上是相同的。对于这类合同的含义的界定,目前尚有分歧。有些学者认为,当事人的住所或营业所处于不同的国家,则他们之间订立的合同即为涉外经济合同。一九八○年《联合国国际货物销售合同公约》就采纳了这种观点。还有学者主张,只要合同关系中的主体、客体或权利义务三者之一具有涉外因素,该合同就属于涉外经济合同。我国《涉外经济合同法》则强调以当事人的国籍作为界定涉外
The foreign-related economic contract is a special legal term in our country which is basically the same in terms of nature and content as other foreign trade contracts and international contracts in other treatises and occasions. The definition of the meaning of such contracts, there are still differences. Some scholars think that if the parties' dwellings or business offices are in different countries, the contract concluded between them is the foreign-related economic contract. The 1980 United Nations Convention on Contracts for the International Sale of Goods adopted this view. Some scholars also hold that as long as one of the subjects, objects or rights and obligations in the contractual relationship has foreign factors, the contract belongs to the foreign-related economic contract. China's “Foreign-related Economic Contract Law” emphasizes that the nationality of the parties as the definition of foreign-related