国际商法英文试卷

浙江工业大学2014 / 2015学年

第二学期试卷 B 卷

课程International Commercial Law 姓名，班级，学号

explain the following terms(5 point for each):

(1) private international law

(2)silent partnership

(3)copyright

(4)preferred stock

(5)offer

(6) a bill of lading

answer the following questions briefly(8 point for each):

(1)The most important forms of national regulation include?

(2)Please name the four basic functions the WTO serves?

(3)Please name the three concerns ILO conventions and recommendations have dealt with?

(4) What are carrier’s duties under a bill of lading?

(5) Why goods bought for personal, family or household use are excluded?

(6)Describe and give comments on irrevocable and revocable letters of credit?

analyze the following cases(10 points for the first one, 12 points for the second one):

(1)On January 1, Seller sent a letter to Buyer offering to sell to Buyer 5,000 widgets for $25 apiece. The letter

also stated: “This offer is binding and irrevocable until February 1.” On January 5, prior to Buyer’s receipt of the letter, Seller called Buyer on the telephone and left the following message on the answering machine at Buyer’s place of business: “Ignore my letter of January 1. I have decided to withdraw the offer contained in it.”

On January 7, after listening to her answering machine and reading the letter that arrived that same day, Buyer sent Seller the following telegram: “I accept your offer of Jan. 1.” Is there a contract under the CISG?

(2)State A is a member of ILO, but it has not ratified either the ILO Convention Concerning Freedom of

Association or the ILO Convention Concerning the Application of the Principles of the Rights to Organize and Bargain Collectively. Some workers within State A have lodged complaints with the ILO about their rights to associate and bargain collectively. Can the ILO’s Fact-Finding and Conciliation Commission consider their complaints?

B卷参考答案

explain the following terms(5 point for each):

(1)private international law

Private international law is applied to the laws governing conduct between people (and corporations) from

different states.

(2)silent partnership

A secret relationship between two or more persons, one of whom carries on a business in his name alone without

revealing the participation of the other who has limited personal liability..

(3)copyright

A copyright is title to certain pecuniary rights and, in most countries, certain moral rights for a specified period of

time.

(4)preferred stock

Preferred stock entitles owners to a guaranteed dividend, a priority at the time of liquidation, or some other preference over ordinary shareholders.