Limiting the use of foreign law as agreed by parties in international sale of goods contracts due to violations of vietnamese laws’ fundemental principles

Abstract

The right of parties to choose the applicable law in international sale of goods contracts is not an absolute right, but there are certain limitations, including cases where the chosen law will not be applied if it violates the basic principles of the legal system. This article analyses the provisions of law related to the fundamental principles of Vietnamese laws; the choice of law in international sale of goods contract; the practice of Vietnamese law regarding limiting the choice of law in international sale of goods contracts if it violates Vietnamese laws’ fundamental principles, and proposes some suggestions for a more comprehensive Vietnamese law regarding this issue.