大学国际商法英文版期末复习资料.doc

国际商法 “international business law” as the body of legal rules and norms that regulates international commercial trade and international business organizations The fact that international business law regulates international transactions of a commercial nature calls for an explanation. The basic sources of international business law include international conventions and treaties, international customs and usages, and national business laws.三大渊源 国家：Common-law system: England United States, Canada. Civil-law system: French and German E-EXW. F-FCA, FAS, FOB. C-CFR,CIF, CPT, CIP. D-DAF, DES, DEQ, DDU, DDP Business organization 形式：sole proprietorship, partnership, joint venture, incorporated company, association, trust and franchise Corporation: corporate form is the most important type of business organization in the world it is generally set up by two or more persons carrying on a business for profits. Partnership is not a separate legal entity.合伙不是一个法律实体。 合伙人义务：1. Liability of partners in contract. 2. Liability of partners for wrongs. 3. Liability of incoming partner. Special general partnership特殊普通合伙（有限责任合伙） Name: Generally, the company should have a name and is registered by the administration. A name will be available if it does not clash with an existing company name, or is not included in the business names register or has not been declared by regulations to unacceptable. If all the shareholders are liable for limited liability, the name must include the word of limited (Ltd). Tree Capital Enterprises: Foreign Contractual Joint Ventures, Foreign Equity Joint Ventures and Foreign Capital Enterprises. The proportion of the investment contributed by the foreign joint ventures shall generally not be less than 25% of the registered capital of a joint venture. Agency Relationships: principal-agent, employer-employee, and employer-independent contractor. Capacity of the Parties四类不行： underage, drunken, drugged, or insane. Authority of the Agent四种：1. Actual authorit