Discussion on Autonomy Principle in Law of the Application of Law for Foreign Civil Relations

摘要

The principle of party autonomy was first proposed by Dumoulin, a French scholar in 16th century, and gradually evolved into the basic principles in the field of foreign contracts. Later, with the advancing of legislation technology in nations, the principle of party autonomy is penetrating into other areas. Our nation referenced the most advanced legislative experiences, giving fully play the functions of principle of autonomy, resulting a more flexible application method and more comprehensive applied sphere, which made a great contribution in the field of international private law. In this paper, based on the value and status of the principles of autonomy in Law of the Application of Law for Foreign Civil Relations (thereinafter called Law of Application for short), and elaborate the restriction of other fields like real right, creditor's right, intellectual property right, marriage and family on its development.