国际商法 Part 3 Contract Law 合同法.pptVIP

Section ill Contract law for the International Sale of goods  Major Issues to Be Covered Definition and form of contract Validity and formation of contract Contents of a contract Breach of contract and remedies  Part Format ion and val idity of contracts  Definition and form of contract 1. Definition of contract合同/协议 A)American Law: A promise or a set of promises, for breach of which the law gives a remedy, or the per formance of which the law in some way recognizes as a duty  Chinas Contract Law a contract is an agreement estab l ishing, modify ing and terminating the civil rights and obl i gations between natural per sons, legal per sons or other organizations 本法所称合同是平等主体的自然人、法人、其他组织之 间设立、变更、终止民事权利义务关系的协议。  2. Form of contract合同形式 A)UK Law: In the early per iod, it was required that contract be in writing. 1906 revised Sales of goods act repealed the in-writing requirement C/SG:a contract of sale need not be concluded in or evidenced by writing and is not sub ject to any other requirements as to form. It may be pr oved by any means, includ ing witnesses  CUNIDROID PICC: al most the same with CISG D)Chinas Contract Law(Article 10 The parties may, when making a contract, use written form, verbal form or any other form.”当 事人订立合同,有书面形式、口头形式和其他形式。  The written form shall be adopted if laws or administrative regulations so require. The written form shali be adopted if the parties so agre、”法律、行政法规规定采用书面形式的,应当采 用书面形式。当事人约定采用书面形式的,应当采用书 面形式。  II. val idity and formation of Contract 1. Essential elements of a valid contract a) an agreement between parties (offer and acceptance).协议要约+承诺 b) legal ly sufficient cons ideration(对价) C) legal capacity缔约能力 d) not for illegal purpose/ contrary to pub l ic policy e) intention to create legal relations  2.0ffer要约 1)the concept of offer n offer is a proposa one per son to another i ndicating an intention to enter into a contract nder specified