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合同的法律适用一直是国际私法中争论最多的一个问题。正如美国学者比尔所说：“冲突法中没有哪个问题比处理合同效力的准据法问题更为错综复杂”。①这主要是因为合同关系具有高度作为的性质，既不象身份关系那样，以自然血缘关系作为基础，也不象物权那样具有对特定物的直接
The legal application of contracts has been one of the most debated issues in private international law. As American scholar Bill said: “None of the conflicts laws are more complex than the law of the law that deals with the validity of contracts.” ① This is mainly due to the highly regarded nature of the contractual relationship as neither based on natural kinship nor as direct as the real right