国际商法1_Introduction_to_International_Business_Law.pptVIP

International Business Law Teaching plan: Part 1 Contract Law 1 Formation of Contract 2 Enforceability of Contract 3 Performance of Contract 4 Breach of Contract Part 2 Corporate Law 1 Introduction of Commercial Organizations 2 Formation of corporation and Personality of corporation 3 Corporate Governance and Corporate Structure 4 Shareholders’ meeting ( membership and control) 5 Board of Directors and Officers 6 Supervisory board (监事会) and Auditors 7 Takeover and Anti-takeover Measures reference book 《国际商法》姜作利 著，法律出版社 International Business Law and its Environment, Richard Schaffer, 6th ed. (chapter 4) Contract Law, Ewan Mckenrick, 6th ed. 2006. (chapter 5, 13,14,15,16,17) Corporations: Examples and Explanations by Alan R. Palmiter （公司法：案例与解析，第四版，影印系列，中信出版社） 《国际商法》 沈四宝等著，对外经济贸易大学出版社 Unit 1 Introduction to International Business Law What is International Business Law? Sources of International Business Law A. National Law B. International treaties and Conventions C. International Model Law D. International Trade Customs and Usages National Law – Comparison of Municipal Legal Systems A. The Roman – Germanic Civil Law system B. The Anglo-American Common Law System Civil Law System (Continental law system) The civil law system is the general typology of legal systems found in most countries. It is an alternative to common law system and has its roots in Roman Law. It is employed by almost every country that was not a colony of the British Empire. In most jurisdictions the civil law is codified in the form of a civil codes, but in some, like Scotland it remains uncodified. Most codes follow the tradition of Code Napoléon in some fashion. Notably, the German code was developed from Roman law with reference to German legal tradition. Civil law relies on legislation, rather than judicial decisions for law. Civil law system do not recognize judge-made law. Common Law Common law is a sys