《国际贸易实务与操作》Chapter 3.ppt

国际贸易实务与操作  International Trade Practice and Operation Chapter 3 Formation of the International Sales Contract (CISG) Teaching Objectives 1. Outline the structure and contents of CISG. 2. Understand the application rules of CISG. 3. Discuss the legal features of offer and acceptance in CISG. 4. Introduce UNCITRAL Model Law on Electronic Commerce. Section 1 Structure and Contents of the CISG The United Nations Convention on Contracts for the International Sale of Goods (CISG) was ratified by 71 countries by 2008. CISG has 101 articles in total, which fall into four parts: 1. Articles 1-13: the sphere of application of the Convention and general provisions. 2. Articles 14-24: formation of contract. Section 1 Structure and Contents of the CISG 3. Articles 25-88: sale of goods, obligations of the seller and the buyer, passing of risk. 4. Articles 89-101: final provisions including how and when the Convention comes into force, permitted reservations and declarations, and the application of the Convention to international sales where both States concerned have the same or similar law on the subject. Section 1 Structure and Contents of the CISG CISG does not govern: validity, transfer of property, limitation of claims, product liability, legality of a contract. The gap-filling is left to the applicable national contract law. Section 2 Application of the CISG In accordance with Articles 1 and 95 of CISG, the application of CISG can be described as follows: 1. The contract is for the commercial sale of goods; and 2. The contract is between parties whose places of business are in different countries (nationality or citizenship of individuals is not a determining factor); and 3. The places of business are located in countries that have ratified the CISG. Section 2 Application of the CISG Case 3-1 Asante Technologies, Inc. v. PMC-sierra, Inc. Facts: The Asante (P), in California, purchased electronic parts from the PMC (D), whose office and factory were in Canada