201309国际商法概要1.ppt

【CISG】 A party may terminate a contract: (i) if the breach by the other party amounts to a fundamental breach of contract; (ii) in other case, if the other party does not perform his obligations within period of grace or if he declares that he will not do so within the period . Section 3 Exemptions 1. force majeure Unforeseeable Unavoidable Insurmountable 2. duties of the affected party Prompt notification Providing proof Continuing performance if possible See: 【 CL 】 117/118, 【 CISG 】 79 Chapter FourInternational Sales Contract 国际买卖合同 Section 1  About “CISG” United Nations Convention on Contracts for the International Sale of Goods Adopted by a diplomatic conference on 11 April 1980, the Convention establishes a comprehensive code of legal rules governing international sale of goods. The Convention entered into force on 1 January 1988. The Convention entered into force on 1 January 1988. The Convention is divided into four parts with a total of 101 articles. Part One (1-13) deals with the scope of application of the Convention and the general provisions. Part Two (14-24) contains the rules governing the formation of contracts for the international sale of goods. Part Three (25-88) deals with the substantive rights and obligations of buyer and seller arising from the contract. Part Four (89-101) contains the final clauses of the Convention. Two points reserved by China  Written form Article 11. A contract of sale need not be concluded in or evidenced by writing and is not subject to any other requirements as to form. * A REPLY TO AN OFFER  concerning time （1）within the time limit —acceptance （2）beyond the time limit due to internal causes —counter-offer （3）beyond the time limit due to external causes —quasi-acceptance Comparison ※acceptance (effective)→contract ※quasi-acceptance →△T(offeror)→either contract (silence) →or counter offer(quick obje