國際法之商事合同ppt課件(編輯修改稿)
2024-11-30 19:07 本頁面
【文章內(nèi)容簡介】 nal Commercial Contracts 2021 ? ICC Incoterms 2021 Application (depends on the set of rules in question): ? either automatically or ? only if parties to a contract agree application (difference to national law) ? not all sets of rules available in all states 11 UN Convention on Contracts for the International Sale of Goods 1980 (CISG) (1) Link: Background: ? set of rules covering certain aspects of international sale of goods ? drafted by UNCITRAL (United Nations Commission on International Trade Law) ? adopted in 1980, came into force in 1988 ? originally signed by 11 states (Argentina, China, Egypt, France, Hungary, Italy, Lesotho, Syria, United States, Yugoslavia and Zambia) ? now 70 parties (incl. most European states) 12 UN Convention on Contracts for the International Sale of Goods 1980 (CISG) (2) Application (see Article 16 CISG): ? automatic application to contracts of sale of goods between mercial parties whose places of business are in different states and ? either both of those states are contracting states ? or the rules of private international law lead to the application of the law of a contracting state ? parties can exclude application of the CISG or derogate from or vary the effect of any of its provisions (freedom of contract) Contents: ? formation of contracts (. offer, acceptance, counteroffer) ? obligations of buyer and seller (. delivery, quality of goods, payment) ? remedies for breach of contract (. performance, discharge of contract, price reduction, delivery of substitute goods, damages) (similar to sales contract provisions in a civil code) 13 Unidroit Principles of Internationa
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