chapter 3-contracts合同.pptVIP

Chapter 3 International Business Contracts I. Basics of International Business Contracts 1. Definition A sales contract is a legal document made by and entered into between a seller and a buyer on the basis of the four steps---inquiry, offer, counter-offer and acceptance. In the contract the rights and obligations of the two parties are definitely stipulated. The contract is binding upon them all. Both parties should fulfill their obligations accordingly. 2. Names of Contracts Purchase contract Purchase confirmation Sale(s) contract Sale(s) confirmation Contract 3. Time for concluding a contact 1) Acceptance reaches the offeror. (refer to “Articles 18 and 23” of CISG) 2) Date shown (face-to-face) 3) Signatures or stampings (Last signature or stamping ) (Article 32 of the Contract Law of the People’s Republic of China) Article 32 If the parties enter into a contract in the form of a contract instrument, the contract is executed at the time when both parties put their signatures or affix their seals thereto. 第三十二条：当事人采用合同书形式订立合同的，自双方当事人签字或者盖章时合同成立。 4. Conditions for a valid contract 1) Signed by appropriate persons 2) “Consideration” and “Cause” 3) Legal 4) Signed in appropriate manner 5) In full agreement 5. Conditions for an invalid contract 1) by fraud or threat 2) by malicious collusion 3) illegal motive hidden under the disguise of a legal form 4) does harm to the public interest 5) violates the relevant laws and decrees  6. Layout of a contract 1) Preamble Name, number and date, name and address, a preface and the place where the contract is signed. 2) Body of a contract General terms and conditions as well as the basic terms and conditions. 3) Witness clause or ending copies of the contract, language used, its validity, and the effective signature of the two parties. ----------------------------------------------------------------- (For details, go to the textbook.) 7. Points to note 1)Names and addresses: