欧洲合同法原则（英文）.doc

THE PRINCIPLES OF EUROPEAN CONTRACT LAW ? Prepared by the Commision on European Contract Law 1999 text in English CHAPTER 1 : GENERAL PROVISIONS Section 1: Scope of the Principles Article 1:101: Application of the Principles (1) These Principles are intended to be applied as general rules of contract law in the European Union. (2) These Principles will apply when the parties have agreed to incorporate them into their contract or that their contract is to be governed by them. (3) These Principles may be applied when the parties: (a) have agreed that their contract is to be governed by general principles of law, the lex mercatoria or the like; or (b) have not chosen any system or rules of law to govern their contract. (4) These Principles may provide a solution to the issue raised where the system or rules of law applicable do not do so. ?Article 1:102: Freedom of Contract (1) Parties are free to enter into a contract and to determine its contents, subject to the requirements of good faith and fair dealing, and the mandatory rules established by these Principles. (2) The parties may exclude the application of any of the Principles or derogate from or vary their effects, except as otherwise provided by these Principles. ?Article 1:103: Mandatory Law (1) Where the law therwise applicable so allows, the parties may choose to have their contract governed by the Principles, with the effect that national mandatory rules are not applicable. (2) Effect should nevertheless be given to those mandatory rules of national, supranational and international law which, according to the relevant rules of private international law, are applicable irrespective of the law governing the contract. ?Article 1:104: Application to Questions of Consent (1) The existence and validity of the agreement of the parties to adopt or incorporate these Principles shall be determined by these Principles. (2) Nevertheless, a party may rely upon the law of the country in which it has its habitu