国际商法比积极简答题(国外英文资料).docVIP

国际商法比积极简答题(国外英文资料) Chapter v the commercial contract law What are the characteristics of the contract? A: (1) the civil juristic act of both parties is not unilateral. (2) the purpose of the conclusion is to change, establish, and terminate civil legal relations. (3) it is legal (4) the principle of voluntary equality What are the requirements for an effective offer? A: (1) it is necessary to show that the offeror is willing to enter into a contract with the other party in accordance with the conditions. (2) the content must be definite. (3) the offeree must be conveyed to the offeror (4) The elimination of the offer is usually caused by the following reasons: (1) elimination of the offeror of withdrawal or cancellation; (2) elimination by the time of the offer; (3) elimination by the refusal of the offeree; (4) the offeree shall destroy the terms of the offer by substantive change. A brief description of the binding rules of the two law departments on the offer. A: the offer is not binding on the offeree. The two laws are distinguished by the offeror. (1) the Anglo-American law generally holds that the offer is in principle non-binding to the offeror. (2) the German law says that the offer is in principle binding to the offeror. (2) the French law says that the offeror shall be withdrawn before the offerees acceptance of the offer. What are the requirements for an effective commitment? Answer: (1) must be made by the offeror. (2) it must be carried out within the effective period. (3) it must be consistent with the offer. (4) the delivery mode must meet the requirements. The promise of effective time is discussed -- the meaning of arrival doctrine and postage stamp A: the two major laws are about the commitment time. Continental law: arrival doctrine is the requirement of the continental law, especially German law, in the acceptance of the time of entry, that is, the commitment to reach the relative person begins to work. Anglo-American law: the mail doctrine is t