英语

laws and pratices on international sales contracts

Introduction to International Sales Contracts

• Laws and Practices on International Sales Contracts
  • Definition
    • “an agreement between two or more parties which creates an obligation to do or not to do a particular thing, and which is enforceable in law.”
  • Classification of contracts
    • written contract
      • a few kinds of contracts must be in written
    • oral contract
      • e.g. taking a taxi
    • Bilateral contracts
      • A contract which consists of an exchange of promises, that is, both parties promise to do something.
    • Unilateral contracts
      • A contract in which only one party promises to do something, and the other party is free to act.
    • Valid contract
      • the usual contract, which may be enforced by either party to the contract
    • Void contract
      • no legal effect
  • Essential elements of a valid contract
    • Elements
      • Legal capacity: parties must have legal capacity to contract.
      • mutual assent reached through offer and acceptance
      • Legality: Contracts are void if the subject matters are illegal or contrary to public policy.
• Fundamentals of Contracts
  • UN Convention on Contracts for the International Sale of Goods (CISG)
    • contracted by countries
  • National laws
    • made by national government
  • Principles of International Commercial Contracts (PICC)
    • drafted by international organizations
  • Incoterms
    • dopted through habit and common use， collected and compiled into sets of rules by some NGOs