(精选)进出口实务与操作(英文版)Chapter 4 Formation of the International Sales Contract (CISG)课件.pptVIP

Chapter 4 Formation of the International Sales Contract (CISG) Chapter Objectives Students will learn : Countries that are signatories to the CISG. Structure and content of CISG. Application rule of CISG. CISG mechanics of formation: Offer-Acceptance rules. Writing requirements under CISG Chapter Structure Section One Introduction Section 2 Structure Contents of the CISG Section 3 Application of the CISG Section 4 Formation of  International Sales contract Section 5 Formality Section 1 Introduction The United Nations Convention on Contracts for the International Sale of Goods (CISG) ratified by 71 countries by 2008 The CISG was developed by the United Nations Commission on International Trade Law (UNCITRAL) Section 2 Structure Contents of the CISG 1. Articles 1-13: the sphere of application of the Convention and general provisions. Section 2 Structure Contents of the CISG CISG does not govern validity transfer of property limitation of claims, product liability, legality of a contract … Note: The gap-filling is left to the applicable national contract law. Section 3 Application of the CISG The contract is for the commercial sale of goods (“goods” is not defined in the CISG); and The contract is between parties whose places of business are in different countries (nationality or citizenship of individuals is not a determining factor); and The places of business are located in countries that have ratified the CISG. Section 3 Application of the CISG Case 1 Asante Technologies, Inc. v. PMC-sierra, Inc. Article 10: “if a party has more than one place of business, the place of business is that which has the closest relationship to the contract and its performance.” Section 4 Formation of  International Sales contract Contract (Mutual agreement) Offer + Acceptance Section 4 Formation of  International S