国际贸易实务双语教程(第三版)Unit03.docx
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•Order
(http://222.200.98.43/trade)
■
♦International Trade Practice
☆International Rules for the Interpretation
of Trade Terms《⑥陈瞰易求猪解眷通則》
☆Uniform Customs and Practice for Documentary Credit《跟单信用证铳一慣例》♦International T reaty
Body
・Name of commodity
‘
Quantity
〜
* Transport and insurance
、The time limit and place「of performance
、The prevention andhandling of dispute
NAME OF COMMODITY
Section One Definition of the
•What is contract
•A contract is an agreement between two or more competent parties in which an offer is made and accepted, and each party benefits< It is an agreement which sets forth binding obligations of the relevant parties.
销售合同无须以书面订立或书面证明, 在形式方面也不受任何其它条件的限制O销售合同可以用包括人证在内的任何方 法证明。
Various Formats of Contract In
Written
•Contract
•Confirmation
•Agreement
•Memorandum
•Letter of Intent
It is the basis of arbitration or lawsuit.
(2)Oral form(3) Other forms
Preface of a Treaty, Text of a Treaty,
End of a Treaty
CISG Article 11:A contract of sale need notbe concluded in or evidenced by writing and is not subject to any other requirement as to form・It may be proved by any means, including witnesses.
The prerequisites(前提)required for
a contract to be recognized and enforced
•(1) A Valid Offer and a Proper Acceptance
•(2) Sufficiency of Consideration(对价)
•Contracts must be drafted with an awareness of the background of the law in which the transaction takes place, with a clear conception of the various services it may be called upon to render, etc.
• A contract is an agreement which sets forth binding obligations of the relevant parties・It is enforceable by law, and any party that fails to fulfill his contractual obligations may be sued and forced to make compe nsati on, though most contracts do not give rise to disputes・
•
•(1) A contract may be modified or terminated bythe mere agreement of the parties. (2) A contract in writing which contains
•a provision requiring any modification or termination by agreement to be in writing maynot be otherwise modified or tenninated by agreement.However, a party may be precluded by his conduct from asserting such a provision to the extent that the other party has relied on that conduct.
•(3) Absence of Fraud, Force, or Legal Loopholes
•(4) Legal Capacity
•(5) Consistency with General Public
Section 2: Formation and main contents of contact
Section Three Performance of Contract（合同的履行）
•Introduction
•Business as we know it today would be impossible if there was no agreement or contract to bind the contracting parties.
•Long ago, people devised a means for bargaining for the conduct of others by exchanging promises.
•The exchange of promises came to be known as "agreements” and gradually became very important in the lives of the people and in the field of business.
•Introduction
•The importance of a contract in an internationalsales transaction cannot be underestimated.
•So the exporter should avoid viewing the contract merely as a document that initiates transaction and subsequently is filed and forgotten.
•Contracts can be long or short, formal or informal, simple or complicated, and verbal or written, of which the most popular is the written contract for pre-printed contract.
1.Formation of contact
(1)Written contract
It is the basis that the contract is established
It is the basis of fulfilling contract
It is the basis that the contract comes into force
☆Unite Nations Convention on Contracts for the International Sale of Goods《離令国国嫁货物锚售令同公狗》
<Domestic Laws
☆Contract law《屮华人氏#和国令同注》
Modification or Termination of
•Introduction
•A promise or an agreement is reached as a result of the process of offer and acceptance.
•When an agreement is reached, a contract is formed, which creates legal obligations enforceable by law.
A contract proper includes:
1)the full name and address of the buyer and the seller;
2)the commodities involved;
3)all the tnerally, this clause is relatively simple, we always list the names that in the offer or counter-offer under the article of Name of Commodit y.
•And sometimes we only write several sente nces showing the two parties9agreement on the business of some commodity at the beginning of a con tract.
4)indication of the number of original copies of the contract, the language used, the term of validity and possible extension of the contract
1. Establishment time of contract
-Two standards for judgment:
—1・When the effective acceptance reaches offeror;
一2. When offeree makes the behavior of accepting.
2.The essential conditions of a contract come into effective:
What are the two indispensable links for reaching an agreement of contract?
Section One Definition of Contract（合同的定义）
Section Two Formation of Contract（合同的格式）
-1) contracting parties should have signing ability
—2) the content of the contract should be legal
-3) the contract should conform to legal formality
-4) contracting parties1meaning expresses should be true
国际贸易实务双语教程
JI(INTERNATIONAL Business
Practice)
清华大学出版社
Chapter 3 Contracts for the International Sale of Goods
Review
What is an Enquiry?
What is an Offer?
What is an acceptance?
(http://222.200.98.43/trade)
■
♦International Trade Practice
☆International Rules for the Interpretation
of Trade Terms《⑥陈瞰易求猪解眷通則》
☆Uniform Customs and Practice for Documentary Credit《跟单信用证铳一慣例》♦International T reaty
Body
・Name of commodity
‘
Quantity
〜
* Transport and insurance
、The time limit and place「of performance
、The prevention andhandling of dispute
NAME OF COMMODITY
Section One Definition of the
•What is contract
•A contract is an agreement between two or more competent parties in which an offer is made and accepted, and each party benefits< It is an agreement which sets forth binding obligations of the relevant parties.
销售合同无须以书面订立或书面证明, 在形式方面也不受任何其它条件的限制O销售合同可以用包括人证在内的任何方 法证明。
Various Formats of Contract In
Written
•Contract
•Confirmation
•Agreement
•Memorandum
•Letter of Intent
It is the basis of arbitration or lawsuit.
(2)Oral form(3) Other forms
Preface of a Treaty, Text of a Treaty,
End of a Treaty
CISG Article 11:A contract of sale need notbe concluded in or evidenced by writing and is not subject to any other requirement as to form・It may be proved by any means, including witnesses.
The prerequisites(前提)required for
a contract to be recognized and enforced
•(1) A Valid Offer and a Proper Acceptance
•(2) Sufficiency of Consideration(对价)
•Contracts must be drafted with an awareness of the background of the law in which the transaction takes place, with a clear conception of the various services it may be called upon to render, etc.
• A contract is an agreement which sets forth binding obligations of the relevant parties・It is enforceable by law, and any party that fails to fulfill his contractual obligations may be sued and forced to make compe nsati on, though most contracts do not give rise to disputes・
•
•(1) A contract may be modified or terminated bythe mere agreement of the parties. (2) A contract in writing which contains
•a provision requiring any modification or termination by agreement to be in writing maynot be otherwise modified or tenninated by agreement.However, a party may be precluded by his conduct from asserting such a provision to the extent that the other party has relied on that conduct.
•(3) Absence of Fraud, Force, or Legal Loopholes
•(4) Legal Capacity
•(5) Consistency with General Public
Section 2: Formation and main contents of contact
Section Three Performance of Contract（合同的履行）
•Introduction
•Business as we know it today would be impossible if there was no agreement or contract to bind the contracting parties.
•Long ago, people devised a means for bargaining for the conduct of others by exchanging promises.
•The exchange of promises came to be known as "agreements” and gradually became very important in the lives of the people and in the field of business.
•Introduction
•The importance of a contract in an internationalsales transaction cannot be underestimated.
•So the exporter should avoid viewing the contract merely as a document that initiates transaction and subsequently is filed and forgotten.
•Contracts can be long or short, formal or informal, simple or complicated, and verbal or written, of which the most popular is the written contract for pre-printed contract.
1.Formation of contact
(1)Written contract
It is the basis that the contract is established
It is the basis of fulfilling contract
It is the basis that the contract comes into force
☆Unite Nations Convention on Contracts for the International Sale of Goods《離令国国嫁货物锚售令同公狗》
<Domestic Laws
☆Contract law《屮华人氏#和国令同注》
Modification or Termination of
•Introduction
•A promise or an agreement is reached as a result of the process of offer and acceptance.
•When an agreement is reached, a contract is formed, which creates legal obligations enforceable by law.
A contract proper includes:
1)the full name and address of the buyer and the seller;
2)the commodities involved;
3)all the tnerally, this clause is relatively simple, we always list the names that in the offer or counter-offer under the article of Name of Commodit y.
•And sometimes we only write several sente nces showing the two parties9agreement on the business of some commodity at the beginning of a con tract.
4)indication of the number of original copies of the contract, the language used, the term of validity and possible extension of the contract
1. Establishment time of contract
-Two standards for judgment:
—1・When the effective acceptance reaches offeror;
一2. When offeree makes the behavior of accepting.
2.The essential conditions of a contract come into effective:
What are the two indispensable links for reaching an agreement of contract?
Section One Definition of Contract（合同的定义）
Section Two Formation of Contract（合同的格式）
-1) contracting parties should have signing ability
—2) the content of the contract should be legal
-3) the contract should conform to legal formality
-4) contracting parties1meaning expresses should be true
国际贸易实务双语教程
JI(INTERNATIONAL Business
Practice)
清华大学出版社
Chapter 3 Contracts for the International Sale of Goods
Review
What is an Enquiry?
What is an Offer?
What is an acceptance?