法英第一学期复习整理.doc

法英复习 一 T or F 1. CISG, adopted by UNIDROIT, came into force on January 1, 1988.(F) 2.CISG is applicable to Commercial sale of goods between parties whose places of business are in different countries.(F) 3.Stocks, vessels, aircraft and ships are excluded from the CISG.(Y) 4.CISG became effective in China in January 1, 1988（Y） 5.In most legal systems, contracts that violate the laws of a state or nation are void. .(F) 6.A valid contract includes 4 elements: mutual assent, legally sufficient consideration, legal capacity, not for illegal purposes. （Y） 7.A contract is not formed until the offer is accepted by the offeree. （Y） 8.Under CISG, an acceptance is effective when it reaches the offeror. （Y） 二法律术语 1. the law as established by the outcome of former cases case law (判例法) 2. the body of principles and rules of law laid down in statutes statute law (成文法) 3. an offer made in response to another counteroffer (反要约) 4. habitual or customary practice, especially as creating a right, obligation, or standard in business trade usage (贸易惯例) 5. one to whom an offer is made offeree (受要约人) 6. failure to discharge an obligation, esp. a contractual one nonperformance 7. an offeree’s assent, either by express act or by implication from conduct, to the terms of an offer in a manner authorized or requested by the offeror, so that a binding contract is formed Acceptance 8. the price for a sale, esp. of goods, that has not been settled at the time of a sale’s conclusion open price (未协定价格) 重点法条 Article 1(1) This Convention applies to contracts of sale of goods between parties whose places of business are in different States: (a) when the States are Contracting States; or (b) when the rules of private international law lead to the application of the law of a Contracting State. 2) The fact that the parties have their places of business in different States is to be disregarded whenever this fact does not appear either from the contract or from any dealings between, or from in