最新第二讲国际货物买卖法-e.pptVIP

Points Definition of contract Definition of sales contract Definition of international sales contract Laws adjusting the international sales contract Customs adjusting the international sales contract Definition of contract American scholar regard: A “contract” is an agreement that the law will enforce Character of contract There must be an agreement between the parties. There must be consideration to support a contractual claim. There must be two or more parties . The legal purpose for which the promises are exchanged must be consistent with law and sound public policy. Chinese law Chinese Civil law: A contract shall be an agreement whereby the parties establish,change or terminate their civil relationship. Chinese contract law A contract refers to an agreement establishing, modifying and terminating the civil rights and obligations between subjects of equal footing, that is , between natural persons, legal persons or other organizations. It does not include those agreements involving personal status relationship such as on matrimony, adoption, guardianship, etc. English contract law A contract is an agreement intended to be legally binding and supported by consideration. American contract(2nd) A contract is a promise or set of promises for the breach of which the law gives a remedy,or the performance of which the law in some way recognizes as a duty. u.c.c “Agreement” means the bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this Act (Sections 1-205 and 2-208). Whether an agreement has legal consequence is determined by the provisions of this Act, if applicable; otherwise by the law of contracts (Section 1-103). u.c.c ?? “Contract” means the total legal obligation which results from the parties’ agreement as affected by this Act and any other applicable rules of