国际贸易政策和法规.pptVIP

International Trade Policies and Law;Review;civil law legal system common law legal system legal proceeding trade customs and usages international model law CISG Hague rules UCP 500 Incomterms 2000 ICC WTO;Decide the following statements true or false. a. International trade law only regulates the business transactions of private persons internationally. b. The Contract Law of the Peoples Republic of China is national law. c. CISG is a treaty signed by America, China and many other countries. d. International Model Law can be used as a model fo national and international legislators and is of no legal validity. e. International trade customs and usages are law and they play an important role in internationa business practices.;Contract Law for the International Sale of Goods;Definition of contract In common law countries, contract means a promise or set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty. In civil law countries, contract is a mutual assent with which one person or more is obligated to give a thing, to do or not to do a thing to one person or more persons. ;Form of contract Form in contract law means whether a contract is made in writing or orally. Discussion: Can we make the contract orally? Can we make the sales of contract orally? ;Under UCC, American law requires that contracts for sale of goods or $500 or that more must in writing. Today, however, many exceptions to this UCC rule make most oral sales contract quite enforceable. Under the CISG, contracts for the sale of goods need not be in writing. Article 11 states: “A contract of sale need not be concluded in or evidenced by writing and is not subject to any other requirements as to form. It may be proved by any means, including witnesses. ; Formation of Contracts;Discuss the following cases and decide whether there is an offer. a. A advertised that they would be prepared to pay $100 to anyone catching influenza after