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契约自由原则在私法领域中一直主导着整个契约法,是契约法的重要基石所在。当契约具有国际因素时,选择何种法律适用一直是国际私法探讨的问题。契约自由也延展至国际私法的领域,是当事人意思自治的重要体现方式。因此,契约自由在解决法律冲突时,有着独特的方法与途径。通过尊重当事人协议选择的法律,进而达到解决法律冲突问题,也不失为辅助解决涉外法律争议的一条蹊径。
The principle of freedom of contract has always dominated the whole law of contract in the field of private law and is an important cornerstone of contract law. When the contract has international elements, the choice of which law to apply has always been a matter of discussion in private international law. Freedom of contract also extends to the field of private international law and is an important manifestation of the autonomy of parties. Therefore, the freedom of contract has unique ways and means to solve the conflict of laws. Respecting the law chosen by the parties and reaching the goal of resolving the conflict of laws can also be a way to help solve the disputes over foreign laws.