国际商法英文案例选编3, CISG.ppt

Chapter Three CISG Introduction CISG---The 1980 Vienna Convention over 50 years of negotiations drafted by UNCITRAL Adopted in Vienna in 1980 effect since January 1, 1988 81 contracting states Organized in four parts Organized: Party Ⅰ Article 1-13: sphere of application and general provisions Party Ⅱ Article 14-24: formation of the contract Party Ⅲ Article 25-88: sale of goods (rights and obligations of buyers and sellers) Party Ⅳ Article 89-101: final provisions (ratification and the entry into force of the Convention) Coverage CISG applies to international sale of most commercial goods that are movable and tangible. governs contractual issues such as the formation of contracts the remedies available to buyers and sellers Section One Formation of a CISG Contract Like contract laws in most countries, CISG agrees that contracts are formed through offer and acceptance. Art. 23 a contract is concluded at the moment when an acceptance of an offer becomes effective in accordance with the provisions of this Convention. Offer Art. 14 A proposal for concluding a contract addressed to one or more specific persons constitutes an offer if it is sufficiently definite and indicates the intention of the offeror to be bound in case of acceptance. Requirements Effectiveness Withdrawl Revocation Acceptance Art. 14 A statement made by or other conduct of the offeree indicating assent to an offer is an acceptance. Silence or inactivity does not in itself amount to acceptance Form Time Acceptance with modifications Section Two Obligations of Buyer and Seller “Sales of Good”, as Party III of the Convention, governs the obligations and remedies of sellers and those of buyers with Chapter II and Chapter III. The relevant articles are including but not limited to those in the brackets. Obligations of Seller Delivery of goods (Article 31 and Article 32 concerning place for delivery, Article 33 regarding time for delivery) Handing over of documents (Article 34) Conform