chapter3（课件）国际贸易实务双语教程（第5版） 同步教学（清华大学出版社）

Chapter 3 Contracts for the International Sale of Goods 1. Establishment time of contract Two standards for judgment: 2. The essential conditions of a contract come into effective: 1, contracting parties should have signing ability 2, the content of the contract should be legal 3, the contract should conform to legal formarity 4, contracting parties' meaning expresses should be true Chapter 3 Contracts for the International Sale of Goods Section One Definition of the Contract A contract is an agreement between two or more competent parties in which an offer is made and accepted, and each party benefits. A contract proper includes: 1)the full name and address of the buyer and the seller; 2) the commodities involved; 3)all the terms and conditions agreed upon; 4)indication of the number of original copies of the contract, the language used, the term of validity and possible extension of the contract. The prerequisites（前提） required for a contract to be recognized and enforced (1) A Valid Offer and a Proper Acceptance (2) Sufficiency of Consideration（对价） (3) Absence of Fraud, Force, or Legal Loopholes (4) Legal Capacity (5) Consistency with General Public 1. Formation of contact (1) Written contract (2) Oral form (3) Other forms Section 2: Formation and main contents of contact CISG Article 11: A contract of sale need not be concluded in or evidenced by writing and is not subject to any other requirement as to form. 2. Main parts of contract Preamble Body Witness clause Various Formats of Contract In Written Contract Confirmation Agreement Memorandum Letter of Intent Order (Please log into: http://222.200.98.43/trade) THE LAWS ARE APPLICABLE TO INTERNATIONAL SALES CONTRACTS ◆International Trade Practice ☆International Rules for the Interpretation of Trade Terms《国际贸易术语解释通则》 ☆Uniform Customs and Practice for Documentary Credit《跟单信用证统一惯例》 ◆International Treaty