国际商法(English)高等数学.pptVIP

Exercises: 1. What are the definition and requirement of an offer? 2. What are the definition and requirement of an acceptance? 3. State the rules of consideration. 4. According to common law, what are the circumstances that made specific performance not available? Chapter Five Law of International Sale of Goods I. Introduction to CISG II. Formation of Contract for International Sale of Goods III. Obligations of the Seller and Buyer IV . Remedies for Breach of Contract V. Passing of Risk I. Introduction to CISG 1. History of CISG 2. Scope of the CISG The CISG is composed of 101Articles that are divided into four parts: (1) Part I deals with the scope of application of the Convention and the general provisions; (2) Part II contains the rules governing the formation of contracts for the international provisions; (3) Part III contains the substantive rules for the sales contract (obligations and rights of the parties); (4) Part IV contains the final clauses of the Convention concerning such matters as how and when it comes into force, the reservations and declarations that are permitted and the application of the Convention to international sales where both States concerned have the same or similar law on the subject. 3. Applicability（适用范围） of the CISG (1) Direct application. Through Article 1(1) (a), the CISG applies when both parties to the contract of sale have their places of business in different states that are both contracting states. (2) Indirect application. According to Article (1) (b), Even if one or both parties do not have their place of business in a contracting state, the CISG might still apply “when the rules of private international law lead to the application of the law of a contracting state”. (3) Opting out(退出). (4) Opting in(决定参加). (5) Exclusions. The CISG does not apply to various types of questions as follows: 1) Exclusion of questions of validity of the contract. 2) Exclusion of questions of effect on property. 3) Exclusion of questions of l