第一篇货物买卖法lec7上交易磋商程.pptxVIP

4.5.1合同的形式与各种类似合同形式As the different forms of offer and acceptance the contract forms could be as well as follows:A. oral contractB. written contractC. contract in actionD. electronic 牛牛文库文档分享A. oral form of contract It is formulated through language. - Vis-a-vis negotiation - negotiation through telephone or MSN phoning 牛牛文库文档分享B. written contract a. legal significance of contract in writing form -judicially It provides evidence of the contract;-practically, it provides clearly memorable and understandable obligations ;- certain laws request contract in writing form UCC : the amount of contract for sale of goods over $500Chinese law: sale of real estate. 牛牛文库文档分享b. commercial documents similar to written contractThose similar document include: (1). memo(备忘录); (2). general agreement（原则协议书）;(3). letter of intent (意向书);(4). preliminary agreement (初步协议书). 牛牛文库文档分享（1）. memo (备忘录)-a record of negotiation, -non-legal document（2）. general agreement (原则性协议)a legal document but it needs to befurther detailed in order to be workable. 牛牛文库文档分享（3）. letter of intent (意向书) A document where one party gives a strong indication to the other that he is likely to place a contract with him. Usually it is worded not to create legal obligation，However，in some cases, it may be phrased to include a invitation to commence a preliminary work, In such circumstance, it creates an obligation. 牛牛文库文档分享（4） preliminary agreement (初步协议)preliminary agreement often occurs where the negotiation takes months or even years, for instance, negotiation for joint venture or technology transfer or investment .It may well happen that the negotiators have entered into a preliminary agreement without being conscious of it. 牛牛文库文档分享Furthermore, the parties’ intention not to create legally binding relation does not produce the same consequences under all legal systems. For example, under French law, the principle of consensualism(协商一致) implies that a contract is concluded when a party demonstrates the e