国际商法中英版
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国际商法双语版 ch3 CISG
The contract for the sale of a camera or clothing to a foreign tourist? No, CISG doesn‟t cover consumer goods sold for personal, family or household use
Issue: is CISG applicable? Decision: No. the French Law on Protecting Consumer’s Rights and Interests is applicable
Example: consumer goods
Facts: Seller – a computer retailer in France, receives an order for a computer from buyer, a resident of China. The order is for a powerful, expensive computer of the sort commonly bought for use in business firms. When a dispute arises, Issue: is covered by CISG or law on protecting consumer?
Introduction to CISG
CISG? Transactions covered in CISG
CISG?
CISG = The United Nations Convention on Contracts for the International Sale of Goods
CISG?
Are they defined as International
Issue: is CISG applicable? Decision: No. the French Law on Protecting Consumer’s Rights and Interests is applicable
Example: consumer goods
Facts: Seller – a computer retailer in France, receives an order for a computer from buyer, a resident of China. The order is for a powerful, expensive computer of the sort commonly bought for use in business firms. When a dispute arises, Issue: is covered by CISG or law on protecting consumer?
Introduction to CISG
CISG? Transactions covered in CISG
CISG?
CISG = The United Nations Convention on Contracts for the International Sale of Goods
CISG?
Are they defined as International
Major World Legal Systems_国际商法（双语版）_[共3页]
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Chapter 3 National Laws and Legal Systems33C hapter 3National Laws and Legal Systems本章主要介绍和讨论：（1）世界两大主要法系：普通法法系（英美法系）和民法法系（大陆法系）国内法——代表性国家关于货物买卖的法规，其中特别介绍《中华人民共和国合同法》（1999）的主要结构和条款，旨在帮助学习者具体了解作为国际商法的重要渊源之一的国内法。
(1) Can you find any difference in the laws of two countries?(2) Do you know any law in China governing sale of goods?(3) What is the role of national law (the law of one country) in international business law? Just as we have mentioned in the previous chapter, national law is an important source of international business law. Although many achievements have been obtained on the unification or harmonization of national legal systems in the area of international business, great differences still exist from one nation to another. Those differences may exist in the role of legislatures in enacting codes, the role of judges, in the courts applying the law, and in legal procedures. Although it would be impossible to describe the legal system of every nation, it is。
国际商法课件( English )
Key Terms
Sole proprietorship: 个人独资企业 Partnership: 合伙企业 Limited partnership: 有限合伙 Limited liability partnership: 有限责任合伙 Incorporated company: 股份有限公司 No-liability company: 无限责任公司 Joint venture: 合资企业 Legal Person: 法人
(3) Professional Restrictions (4) Partner by Estoppel Two persons may not be partners, yet in the eyes of a third person they may appear to be partners. If the third person deals with one of the apparent partners, he may be harmed and seek to recover damages from both of the apparent partners.
Байду номын сангаас
I. Introduction
Business organization, also called business enterprise, refers to the economic organization that pursues management activities with its own name with certain scale. There are two kinds of meaning with international business organization: one is the organization pursuing international business activities; and the other is forms of international business organizations.
国际商法课件( English )(1)
▪ (4) the object of the commercial relationship is located in a State or District outside the Country or Countries of one or more parties.
▪ 3. The meaning of “commerand, during the communication of the countries, people formed some trade practice and customs which were commonly obeyed. By the end of 19th C and at the beginning of 20th C international business law appears.
Chapter One Introduction to International Business Law
▪ I. Definition of International Business Law ▪ II. Sources of International Business Law ▪ III. History of International Business Law ▪ IV. Characteristics and Principles of
▪ (2) the parties have their nationalities from different countries;
▪ (3) the commercial activities are performed in a State or District outside the Country or Countries of one or more parties;
▪ 3. The meaning of “commerand, during the communication of the countries, people formed some trade practice and customs which were commonly obeyed. By the end of 19th C and at the beginning of 20th C international business law appears.
Chapter One Introduction to International Business Law
▪ I. Definition of International Business Law ▪ II. Sources of International Business Law ▪ III. History of International Business Law ▪ IV. Characteristics and Principles of
▪ (2) the parties have their nationalities from different countries;
▪ (3) the commercial activities are performed in a State or District outside the Country or Countries of one or more parties;
2.2 International Business Law[共7页]
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Nations and other international bodies. It is true that international courts and tribunals such as the International Court of Justice or dispute body of the WTO do issue judgments against nations. But it is based on the precondition that nations must agree to be a party to these cases, and enforcement mechanism like in the national law does not really exist. The enforcement mechanisms in international law may include diplomacy, the withholding of foreign aids or assistance, trade sanctions and retaliation, or war. In certain cases, where individuals are convicted of having committed international crimes, prison sentences and the death penalty will be used.international law and private international law.rules affecting the relationships between nations. It might cover the rules for resolving territorial disputes, for conducting diplomacy or war and for how human rights are protected and so on.corporations when they go beyond the border of one country. It might include the rules for enforcing the wills of deceased persons who have owned property in more than one country, for settling the disputes arising from international sales and so on.A. Defining International Business Lawthat regulates the cross-border transactions in goods and services between parties. Here “parties” include natural persons, legal persons, and international organizations. Under a few of circumstances, states may also be a party to international transactions in the capacity of commercial not sovereign entity. Besides, states also play a unique role in regulating and supervising the international business between private parties in its capacity of a sovereign.B. History of International Business Lawthe creation of merchants. In the twelfth century, medieval Europe experienced a renaissance包括国际条约法、国际海洋法、外层空间法、国际人权法、战争法和国际人道主义法、国际争端解决等内容。
国际商法中英版.doc
Buyer.This Agreement is written in the English language. In case of any discrepancy between the English version and any translation thereof, the English text shall govern.然而，制造商从事产品的制造和销售；然而，制造商渴望在境内销售的产品；然而，经销商从事境内产品的相关产品的进口和分销；然而，分销商渴望成为境内经销商；然而，AAA的产品，公司优秀的普通合伙利益的唯一拥有者和100%人，公司现有的组织和法国法律下有89艾伯特街托马斯登记办公室，75010巴黎有限责任合伙公司（以下简称EEE），和CCC的EEE 优秀的有限责任合伙公司的利益100%的唯一所有权持有人；及然而，买方从卖方购买欲望，欲望和卖方卖给买方。
本协议以英文写成的。
在英文版及其任何翻译如有差异，以英文文本为准。
Now Therefore, the parties hereto agree as follows: (*"Manufacturer", "Products", "Territory", "Interests","Purchase" and "Distributor" are all to be defined in other parts of the contract.)因此，双方同意如下：（*“制造商”，“产品”，“领土”，“利益”，“购买”和“经销商”都被定义在本合同其他部分。
）1. CERTAIN DEFINITIONS; PURCHASE AND SALE OF INTERESTS.(a) CERTAIN DEFINITIONS. As used in this Agreement (including theSchedules and Exhibits hereto), the following definitions shall apply:某些定义。
国际商法课件( English )
3) On execution or otherwise by authority of law; 4) Sales of stocks, shares investment securities. Negotiable instruments（可流 通票据） or money; 5) Ships, vessels, hovercraft or aircraft, however it has not been interpreted to mean that it does not apply to such goods components; 6) Sale of electricity.
(3) Part III contains the substantive rules for the sales contract (obligations and rights of the parties); (4) Part IV contains the final clauses of the Convention concerning such matters as how and when it comes into force, the reservations and declarations that are permitted and the application of the Convention to international sales where both States concerned have the same or similar law on the subject.
3. Applicability（适用范围） of the CISG
(1) Direct application. Through Article 1(1) (a), the CISG applies when both parties to the contract of sale have their places of business in different states that are both contracting states.
国际商法中英文大纲
国际商法中英文大纲《国际商法大纲》1. Introduction to International Commercial Law- Definition and scope of international commercial law- Sources of international commercial law- Importance of international commercial law in global trade2. International Contracts- Formation of international contracts- Validity and enforceability of international contracts- Governing law and jurisdiction in international contracts3. Sale of Goods- Application of the United Nations Convention on Contracts for the International Sale of Goods (CISG)- Rights and obligations of the buyer and seller in international sales- Remedies for breach of international sales contracts4. International Payment Methods- Letters of credit and the Uniform Customs and Practice for Documentary Credits (UCP)- Documentary collections- Electronic payment methods in international trade5. International Dispute Resolution- Litigation in international commercial disputes- Arbitration in international commercial disputes- Enforcement of foreign judgments and arbitral awards6. International Intellectual Property Law- Protection of intellectual property rights in international trade- Compliance with international intellectual property treaties- Enforcement of international intellectual property rights7. International Trade Regulations- International trade agreements and organizations- Trade remedies and anti-dumping measures- Sanctions and export controls in international trade8. International Transport and Insurance- Carriage of goods by sea, air, and land- International insurance in commercial transactions- Liability and risk management in international transport9. Emerging Issues in International Commercial Law- E-commerce and cross-border online transactions- Data protection and privacy in international trade- Sustainable development and corporate social responsibility in global business10. Case Studies and Practical Applications- Analysis of landmark international commercial law cases- Practical exercises and simulations of international commercial transactions- Discussion of real-world issues and challenges in international trade11. Conclusion- Recap of key concepts in international commercial law- Future trends and developments in the field- Importance of compliance and ethical conduct in international businessThis outline provides a comprehensive overview of the key topics and concepts covered in the study of international commercial law. It serves as a roadmap for students and practitioners seeking to understand the legal framework governing cross-border trade and investment.。
国际商法第一章(双语)
QUESTIONS, CONTINUED
What shall I do, and how shall I behave, as a company, so as to comply with those regulations in order to do business more successfully without any such ramifications? ------------------------------------------------ NOW, these are the legal risks and business risks we will primarily deal with throughout this course.
批注本地保存成功开通会员云端永久保存去开通
INTRODUCTION TO IBL
mechanics of, covered by, IBL;
and
In this course, I will walk you through the
and
rules
I will deal particularly with some important aspects of IBL, such as international trade law, and how to identify and prevent business as well as legal risks.
Scenario 1:
You decide to do business or invest in Country A that is on the list of trade embargo imposed by Country B, a country that exerts strict control over export & import, especially of technologies subject to the regulation of, like,
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Buyer.This Agreement is written in the English language. In case of any discrepancy between the English version and any translation thereof, the English text shall govern.然而，制造商从事产品的制造和销售；然而，制造商渴望在境内销售的产品；然而，经销商从事境内产品的相关产品的进口和分销；然而，分销商渴望成为境内经销商；然而，AAA的产品，公司优秀的普通合伙利益的唯一拥有者和100%人，公司现有的组织和法国法律下有89艾伯特街托马斯登记办公室，75010巴黎有限责任合伙公司（以下简称EEE），和CCC的EEE 优秀的有限责任合伙公司的利益100%的唯一所有权持有人；及然而，买方从卖方购买欲望，欲望和卖方卖给买方。
本协议以英文写成的。
在英文版及其任何翻译如有差异，以英文文本为准。
Now Therefore, the parties hereto agree as follows: (*"Manufacturer", "Products", "Territory", "Interests","Purchase" and "Distributor" are all to be defined in other parts of the contract.)因此，双方同意如下：（*“制造商”，“产品”，“领土”，“利益”，“购买”和“经销商”都被定义在本合同其他部分。
）1. CERTAIN DEFINITIONS; PURCHASE AND SALE OF INTERESTS.(a) CERTAIN DEFINITIONS. As used in this Agreement (including theSchedules and Exhibits hereto), the following definitions shall apply:某些定义。
是指在本协议（包括计划和展览协议），应适用下列定义：(i) "AFFILIATE" shall mean any natural person, and any corporation,partnership or other entity, that directly, or indirectly through one ormore intermediaries, controls or is controlled by or is under commoncontrol with the party specified.“关联公司”是指任何自然人，和任何公司，合伙企业或其他实体，直接，或间接地通过一个或多个中介机构，控制或被控制或共同控制下与甲方指定的。
(ii) "ANCILLARY AGREEMENTS" shall mean the Transition Services Agreement, the Technology and Environmental Services Agreement,the Lease, the AAA Intellectual Property Agreement and the BBBIntellectual Property Agreement.“补充协议”指过渡服务协议，技术和环境服务协议，租赁，知识产权协议的AAA和BBB知识产权协议。
(iii) "APPLICABLE ACCOUNTING PRINCIPLES" shall mean United States generally accepted accounting principles as consistently appliedin the preparation of the Financial Statements, subject to anyexecution and delivery of this Agreement and such Ancillary Agreements as are contemplated hereby to be executed and delivered by AAA do not or will not, as the case may be, and the consummation by AAA of the transactions contemplated hereby and thereby and compliance by it with the terms thereof will not, conflict with, or result in any violation of or default under, or give rise to a right of termination, cancellation or acceleration of any obligation or to loss of a benefit under, or result in the creation of any lien, claim,encumbrance, security interest, option, charge or restriction of any kind upon any of the assets of EEE or any of its Subsidiaries under, or require anyconsent, authorization or approval under any provision of (A) the certificate of limited partnership or other organizational documents of EEE or any of its Subsidiaries or Foreign Affiliates, (B) any Material Contract to which EEE or any Subsidiary or Foreign Affiliate is a party or (C) any material judgment, order or decree or any material statute, law, ordinance, rule or regulationapplicable to EEE or any of its Subsidiaries or their respective assets.没有冲突的权威。
AAA公司是正式成立，有效存续和信誉良好的法国国家法律之下。
AAA拥有所有必要的公司权力和授权签订本协议和补充协议，是当事人的程度，以及在此被执行和交付和完善在此交易，从而。
所有企业的行为和其他程序需由AAA授权签署，本协议等辅助协议交付和性能，它是当事人的程度，和交易的完成在此，已经或将一直在或关闭及时、妥善之前。
本协议已签署和交付的AAA，等辅助协议是协议被执行和交付的AAA将，它是当事人的程度，及时有效地签署和交付的AAA，如适用。
本协议和补充协议构成等，或将构成，如可能，有效的义务，AAA和有约束力的，它是当事人的程度，可强制执行的AAA按照各自的职权。
除规定的时间表4C（一）（II）除了任何同意或批准，授权，HSR法案规定或可能完全由买方地位的原因，本协议和补充协议执行和交付的是在此被执行和交付的AAA不不，视情况而定，并通过AAA交易的完成在此和遵守它的条款将不，冲突，或导致任何违反或默认情况下，或产生一个终止权，取消或加速度的任何义务或根据一个利益损失，或导致任何留置权，索赔，累赘，安全利益，选择创建，电荷或限制任何对任何产品或其任何附属公司的资产，或需要任何同意，授权或批准的任何规定（一）下的证书有限责任合伙公司或其他组织文件啊F Eee或其任何附属公司或外国子公司，（b）任何材料，电子合同或任何附属公司或外国子公司是一个党或（c）任何判决，命令或法令或任何材料的法规，法律，条例，规则或规例适用于电器或其任何附属公司或其各自的资产。
(b) OWNERSHIP OF THE INTERESTS. AAA is the sole general partner ofEEE and holds 100% of the outstanding general partnership interests of EEE.The sale and transfer of the Interests owned by AAA to Buyer pursuant tothis Agreement will vest in Buyer all right, title and interest in such Interests, free and clear of all adverse claims or other Lien, other than adverse claims created by or through or suffered by Buyer.所有权的利益。
AAA是EEE的唯一的普通合伙人和持有100%的EEE突出普通合伙利益。
的利益由AAA买方根据本协议将归属于买方的一切权出售和转让，标题和在这样的利益，自由和明确的所有不良债权和其他优先权，比不良债权或通过创建其他或遭受的买方。
7B. REPRESENTATIONS AND WARRANTIES OF BBB. BBB represents and warrants to Buyer as follows:陈述和保证。
BBB声明并保证买方如下：(a)AUTHORITY; NO CONFLICTS. Each of CCC and BBB Corporation (each,a "BBB PARTY") is a corporation duly organized, validly existing and ingood standing under the laws of the jurisdiction of its incorporation. EachBBB Party has all requisite corporate power and authority to enter into thisAgreement and such Ancillary Agreements, to the extent it is a party thereto, as are contemplated hereby to be executed and delivered by it and toconsummate the transactions contemplated hereby and thereby. All corporate acts and other proceedings required to be taken by each BBB Party toauthorize the execution, delivery and performance of this Agreement andsuch Ancillary Agreements, to the extent it is a party thereto, and theconsummation of the transactions contemplated hereby and thereby, havebeen or will have been at or prior to the Closing duly and properly taken.This Agreement has been duly executed and delivered by each BBB Party, and such Ancillary Agreements as are contemplated hereby to be executed and delivered by each BBB Party will, to the extent it is a party thereto, be duly and validly executed and delivered by such BBB Party, as applicable.没有冲突的权威。