国际法课件货物买卖立法精要.pptVIP

2004对外贸易法的重大修改 自然人可以从事外贸经营活动 准许货物和技术的自由进出口 对部分货物实行国营贸易管理 进一步加强了与对外贸易有关的知识产权的保护 进一步完善我国对外贸易的救济制度 进一步加大了对违法行为的处罚力度 （三）结构：四部分101条 1、适用范围 2、合同的成立 3、货物买卖 4、最后条款 PART I SPHERE OF APPLICATION AND GENERAL PROVISIONS PART II FORMATION OF THE CONTRACT PART III SALE OF GOODS PART IV FINAL PROVISIONS 1.公约适用的主体范围 Article 1 (1) This Convention applies to contracts of sale of goods between parties whose places of business are in different States (nationality or citizenship of individual is not a determining factor): (a) when the States are Contracting States; or (b) when the rules of private international law lead to the application of the law of a Contracting State. 2.公约适用的客体范围 This Convention does not apply to sales: (a) of goods bought for personal, family or household use; (b) by auction; (c) on execution or otherwise by authority of law; (d) of stocks, shares, investment securities, negotiable instruments or money; (e) of ships, vessels, hovercraft or aircraft; (f) of electricity. (1)Contracts for the supply of goods to be manufactured or produced are to be considered sales unless the party who orders the goods undertakes to supply a substantial part of the materials necessary for such manufacture or production. (2)This Convention does not apply to contracts in which the preponderant part of the obligations of the party who furnishes the goods consists in the supply of labor or other services. This Convention governs only the formation of the contract of sale and the rights and obligations of the seller and the buyer , it is not concerned with: the validity of the contract or of any of its provisions or of any usage; the effect which the contract may have on the property in the goods sold; the liability of the seller for death or personal injury caused by the goods to any person. T6：双方当事人可以不适用本公约，或减损本公约的任何规定或改变其效力。 The parties may exclude the application of this Convention or, subject to article 12, derogate f