国际经济法期末考试总结.docVIP

国际经济法期末考试总结 一.Explain the legal terms of art. 1. Condition: a major term of a contract,which is regarded as being of the essence of the contract.Breach of a condition is a fundamental breach of contract which entitles the injured party to treat the contract as discharged. 2. Anticipatory breach: a breach of contract caused by a party’s anticipatory repudiation,i.e.,unequivocally indicating that the party will not perform when performance is due.Under these circumstances,the nonbreaching party may elect to treat the repudiation as an immediate breach and sue for damages. 3.Nachfrist is a German term describing the situation in which the innocent party sends a final notice to the breaching party requesting him or her to perform the contractual obligation within a specified period of time. 4.The parole evidence rule excludes evidence of oral agreement which contradicts or varies the terms of a subsequent or contemporaneous written contract.the premise of whether to apply the parole evidence is ：1）must have a written contract 2)the written contract become effective or have legally binding;3）the written contract is parties final and all the meaning expression. 二.Multiple Choices Questions 1.The law which may affect a contract for the international sale of goods comes from:( ACD) A.International conventions B. the continental law C.Customs D.domestic laws 2.These are essential elements in an international sale of goods:(BCD ) A.There is an exchange of goods B.the subject matter of is goods C.There is a sale D.the sale is involving international elements 3.FAS means:( AD) A.The seller is required to clear the goods for export B.The buyer is responsible for obtaining all export permits C.The seller makes contract of carriage D.The buyer is responsible for making contract of carriage 4.The terms which can be used only for carriage of goods by maritime and inland waterway transport are:( BD) A.FCA B.CFR C.CIP D.DEQ 5.The CISG does not apply to:(ABCD ) A.Sales of elec