国际商法 合同法 合同的履行Unit+5++Performance+of+the+Contract.ppt

Unit 5 Performance of the Contract 所谓合同的履行，是指合同生效后，合同当事人按照合同的约定，实施属于合同标的的行为，如交付约定的标的物、提供约定的服务，支付约定的价金或者报酬。合同的履行，是全部合同法律制度的核心，是其他一切合同法律制度的归宿或者延伸。? The principles for performance合同履行的基本原则 1）fully perform 合同全面履行原则 《合同法》第60条第1款规定：“当事人应当按照约定全面履行自己的义务” The parties shall perform their obligations thoroughly according to the terms of the contract. 2）good faith 诚实信用的原则 第2款规定：“当事人应当遵循诚实信用原则，根据合同的性质、目的和交易习惯履行通知、协助、保密等义务。” The parties shall abide by the principle of good faith and perform the obligations of notice, assistance and maintaining confidentiality, etc. based on the character and purpose of the contract or the transaction practices. Obligations of the seller under CISG 1. Delivery of the goods and handing over of documents If the contract involves carriage of the goods, the seller needs to hand over the goods to the first carrier; If no transportation is stated, and the contract relates to specific goods, or unidentified goods to be drawn from a specific stock or to be manufactured or produced, and at the time of the conclusion of the contract the parties knew that the goods were at, a particular place, in placing the goods at the buyer’s disposal at that place, the buyer fulfill his duty of delivery. In other cases, the seller places the goods at the buyer’s disposal at the place where the seller has his place of business at the time of the conclusion of the contract. The seller shall hand over documents relating to the goods at the time and place and in the form required by the contract. Obligations of the seller under CISG 2. Conformity of the goods and third party claims The seller must deliver goods which are of quantity, quality and description required by the contract or packaged in the manner required by the contract. 3. The seller must deliver goods which are free from any right or claim of a third party, unless the buyer agreed to take the goods subject to that right or claim. The seller must deliver goods which are