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随着中国企业对外经济活动的日益增多,涉外合同的纠纷也越来越多。由于意思自治原则比较好的体现了公平和正义,使涉外经济主体能用法律保护自己自由开展经济活动的权利,所以,我国企业必然会更加重视和自觉运用这一原则。但要让更多的企业在涉外经济活动中更主动、更正确的运用此原则,就必须要对企业有效行使意思自治原则操作要点、如何适当限制当事人意思自治,准据法如何确定,该原则的补充和企业在运用此原则时要注意的问题等方面进行较深入探讨。
With the increasing economic activities of Chinese enterprises, there are more and more disputes concerning foreign-related contracts. Since the principle of autonomy of will embodies fairness and justice relatively well so that foreign economic agents can use laws to protect their rights to carry out economic activities freely, the Chinese enterprises are bound to pay more attention to and consciously apply this principle. However, to allow more enterprises to take a more proactive and more correct application of this principle in their foreign-related economic activities, it is necessary to effectively exercise the principle of autonomy of organs for business operation, how to properly limit the autonomy of party interests, and how to determine the applicable law Supplement and enterprises in the use of this principle to pay attention to issues such as more in-depth discussion.