《法律英语教学资料》5-Validity and Formation of International Sales Contracts (II).ppt

Validity and Formation of International Sales Contracts (I)I. What the CISG governsII. Enforcement of illegal contract III. The writing requirementIV. Problems of interpretation The substantive study of the CISG uniform code for the international contract of sale of goods the CISG balance common law civil law w I. As to the essential elements of a valid contract, What does the CISG govern? What does not? (Art. 4 ,5 11) Only govern (1) The form of contract (2) Formation (3) The Rights and obligations of the buyer and seller Not govern (1) Validity (2) The Legal capacity of parties… (3) The Legality of the contract II. Enforcement of illegal contracts Contracts with illegal purposes have no legal effects. Such contracts are void and unenforceable. ( Tarbert Trading, LTD. v. Cometals, Inc) III. The writing requirement (the form of the contract) 1.The UCC (the 2003 proposed amendaments) 2.The CISG (Art.11) 3. New contract law of China (1999) (Foreign Economic Contract Law of China (1985) ) 1 Iv. Problems of Interpretation Art. 7----Interpreting the CISG Art. 8 9----Interpreting sales contract 1. Interpreting the CISG (1) When the words of CISG itself require interpretation, what should a court consider? Art.7 (1) directs a court to consider A, B C. In deciding questions governed by the CISG, what sources should a court look to? Art.7 (2) directs a court to look to the following sources: A, B C 2. Interpreting sales contract Art. 8----the statements and conduct of parties Art. 9---- usages and practices Art. 8---- statement and conduct of the parties / subjective intent statement and conduct of the parties / objective intent The intent of a party or the understanding a reasonable person / all relevant circumstances includ