国际商法期末复习重点英文版完整版

国际商法期末复习重点

英文版

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IBL is the body of rules and norms that regulates international business trade a n d i n t e r n a t i o n a l b u s i n e s s o r g a n i z a t i o n s. Sources of IBL

What does it mean by source of law

National law

International treaties and conventions

Trade customs and usages

International model law

Common law system

Common law is the law as developed and pronounced by the courts in deciding cases;

Competent court

The reasoning of an adjudication

Precedent

Civil law system

Civil law is the codified law which is made by legislature to regulate specific relationships;

1. Roman law

2. Made law

3.Code and statute

definition of partnership

Defined as a Profit-making economic organization which is Established of a partnership agreement, Make a Joint capital contributions, conduct business jointly,Share incomes and risks and bear unlimited joint and several

liabilities for debts of the partnership enterprise.

特点：Profit-making economic organization;

Establishment of a partnership agreement;

Joint capital contribution;

Sharing of incomes and risks;

Bearing of unlimited joint and several liabilities for debts

Creation of a partnership:①an association of two of more persons②carrying on a business ③co-ownership④for profit⑤intent(目的)⑥partnership by estoppel

Limited liability partnership有限责任合伙的责任承担: In a limited liability partnership, some partners have limited liability,some partners have unlimited liability.

General partnership普通合伙的责任承担:Bearing of unlimited joint and several liabilities for debts.

出资方式：Capital contribution:in cash; tangible goods; land or land use rights; intellectual property; or other proprietary rights; or in the form of labor service if it is agreed by all of the partners;

partners’ rights and duties：①A partner has the right of compensation（补偿） from the partnership（The amount of compensation is decided by how the partners agreed in the partnership agreement）②A partner has the right of sharing profit from the partnership③Partners owe a duty to devote full time and best efforts to the affairs of the partnership;④Self-interest is prohibited;⑤Secret profits in dealing with the partnership is

prohibited;⑥Partners owes a duty to disclose all information and facts from a third party to other partners;⑦Concealment of information and facts is prohibited;⑧That partners work hand in glove with (in collusion with) others for selfish purpose is prohibited;⑨Partners have a duty to account for any expenditures they make of the partnership funds;Partners have the duty to be joined as plaintiffs or defendants in legal suits