제상거래계약상 준거법의 분할지정에 관한 연구- 영국법을 중심으로 -

The problem of split governing law in international private law is whether a legal relationshipshould be governed by a single governing law or whether a separate governing law can be splittedto a partial problem of that legal relationship. The former is called the principle of unity governinglaw, and the latter is the split choice of governing law. If a party is to split the legal relationshiparising from a contract into two or more matters, rather than by one governing law, it is aproblem of split choice whether it is possible to designate a different governing law for each matter. Article 3(1) and 3(2) of the RomeⅠ Regulation recognize that a contract can have multiplegoverning laws simultaneously, that is, it permits the split choice of governing law and also permitsthe change of governing law after the contract is established. And also Article 25 (3) and (5) of theKorean International Private Law provides that "the parties may change the law applicable to theestablishment and effect of legal acts."The issue of the split choice of governing law is a matter of principle of party autonomy andits limitations in governing law decisions in international commerce contract. In English law, thesplit choice of governing law is also a case of affirmation and a case of denial in the case of thetheory or the precedent. Therefore, in this study, it is analyzed about incorporation by reference inrelation to split choice of governing law in international commerce contract, and the implication isdrawn.