国际贸易法chapter23itlcontractlaws资料.pptVIP

Chapter 2 ITL Contract Laws Unit 3 Executing an International Contract of Goods Contents 3.1 Brief Introduction 3.2 Seller’s Obligation 3.3 Buyer’s Obligation 3.1 Brief Introduction 1. Principle of Executing an International Contract of Goods 1. Principles of Executing Strict conforming to the contract principle[1] The principle of good faith[2]. these principles may not be stipulated expressedly, but the judge in charge will apply such principles when there are no direct rules. [1] 严格履行原则[2] 诚实信用原则 2. Types of the Parties’ obligations contracted obligation[1] legal obligation[2] [1] 合同义务[2] 法定义务 3.2 Seller’s Obligation 1. Deliver Goods 2. The Turning Over of Documents 3. Quality Guarantee 4. Inspection 5. Guarantee for the Goods is Free 3.2 Seller’s Obligation 1. Deliver Goods (1) Place for delivery (2) Time for delivery specific goods[1], or unidentified goods[2] [1] 特定物Specific thing：Special, cannot be replaced by other goods. Specify 特定化: Making a certain goods is under a contract. For example, marking buyer’s name on goods. [2] 种类物Unidentified thing：Goods that has common characters and is decided by its variety品种,规格specification, quality质量 or capacity度量. 3.2 Seller’s Obligation 2. Turn Over of Documents PLS tell us the DOCs you know. What should the seller when turning over the documents? 3.2 Seller’s Obligation 2. Turn Over of Documents Case: A Chinese Co. imported some wool from Austrilia. After the establishment of L/C, the buyer asked the seller to make delivery on time. But the seller asked the buyer to turn over a certificate of origin first so that they could execute the whole contract, or the seller will have to cancel the contract and claim for compensation. Q: What is your reply if you are a legal adviser of the seller? 3.2 Seller’s Obligation 3. Quality Guarantee (1) Civil law system’s rules (2) Anglo-American Law system (3) CISG (4) Chinese Contract Law 3.2 Seller’s Obligation 3. Quality Guarantee What is q