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所谓协议适用法律,即指不同国籍的当事人在签订合同时,将适用外国法律、国际公约或国际惯例的条款列入合同.这是国际私法原则所允许的一种作法.在国际交往中,由于当事人分属不同国家,根据属人法原则,他们都要受本国法律的管辖.如果双方因合同发生争议,就会产生依据哪一个国家的法律来处理的问题.虽然在各国的司法实践中,都普遍遵循合同缔结地法和合同履行地法的原则,然而由于客观情况错综复杂,在适用法律的问题上,还会发生大量的纠纷.因此,双方当事人在合同中协议适用法律,对于解决法律冲突,调整好涉外法律关系,有着十分重要的意义.《中华人民共和国民法通则》第145条即规定:“涉外合同的当事人可以选择处理合同争议所适用的法律,法律另有规定的除外.”由此可见,不同国籍的当事人之间在合同中协议适用法律也并不违背我国法律的规定.
The so-called agreement applicable law, that is, the parties of different nationalities at the time of signing the contract, the application of foreign law, international conventions or the terms of the contract included in the contract. This is the principle of private international law allows a practice in international exchanges, due to If the parties belong to different countries and are under the principle of personal law, they shall all be subject to the laws of their own country, and if there is any dispute arising out of the contract, the parties concerned will have to decide which country’s law to handle. Although in the judicial practice of various countries, All generally follow the principle of contract law and contract performance law, however, due to the complicated objective conditions, there will be a great deal of disputes over the application of law, therefore both parties should agree to apply the law in the contract and resolve the conflict of laws , Adjust the legal relationship with foreign countries, has very important significance.Public People’s Republic of China General Law “Article 145 stipulates:” parties involved in foreign contracts may choose to deal with contractual disputes applicable law, except as otherwise provided by law. " It can be seen that it is not against the law of our country to apply the law in the contract between the parties of different nationalities .