国际商法_韩永红 编著;李婷婷 编著_AZW3_MOBI_EPUB_PDF_电子书(无页码)_韩永红 编著;李婷婷 编著

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Chapter 4Overview of International Sale of Goods 导读 本章介绍国际货物销售的基本内涵、主要程序和期间可能面临的风险,以便读者在具体学习国际货物销售的相关法律之前大致了解国际货物销售的概况。 Warm-up Questions (1) In your opinion, what is the international sale of goods? (2) As far as you know, which stage is the most important one in the procedure of international sale of goods? (3) List as many as possible the risks that the parties may face in the international sale of goods. 4.1 Fundamentals of International Sale of Goods We can have a better understanding of the international sale of goods with the help of the United Nations Convention on Contracts for the International Sale of Goods (CISG), which is now the principal law regulating the sale of goods between parties in different countries.《联合国国际货物销售合同公约》第1条:(1)本公约适用于营业地在不同成员方的当事人之间所订立的货物销售合同:(a)如果这些成员方是缔约方;或(b)如果国际私法规则导致适用某一缔约方的法律。 《贸易法委员会关于〈联合国国际货物销售合同公约〉判例法摘要汇编(2012年版)》。 According to CISG Article 1, the Convention is applicable if the following three conditions are met:(1) The contract is for the sale of goods;(2) the contract is between parties whose places of business are in different countries;(3) the places of business are located in parties that have ratified CISG. The convention itself does not expressly define "sale" or "goods". However, according to the cases decided under CISG , generally, it is understood that a"sale"is the passing of title from the seller to the buyer for a price."Goods" are assumed to be things that are movable and tangible. Nevertheless, CISG does expressly define what is"international". Article 1 requires that a contract of sale of goods be deemed to be "international" if the places of business of the parties are located in different contracting parties to CISG. In other words, it does not require that the goods be shipped between different states, nor that the negotiations of the contract occur in different nations. Neither the location of the goods themselves nor the citizenship or nationality of the parties, is necessarily decisive. Instead, the"......

  1. 信息
  2. 内容提要
  3. 前言
  4. Part Ⅰ The Legal Environment of International Business
  5. Chapter 1 International Business and the Risks
  6. Chapter 2 International Business Law and International Organizations
  7. Chapter 3 National Laws and Legal Systems
  8. Part Ⅱ International Sale of Goods
  9. Chapter 4 Overview of International Sale of Goods
  10. Chapter 5 Introduction to International Sales Contracts
  11. Chapter 6 Legal Issues on International Sales Contracts
  12. Chapter 7 International Transportation of Goods
  13. Chapter 8 Payment in International Sale of Goods
  14. Part Ⅲ International Transfer of Intellectual Property Rights
  15. Chapter 9 Intellectual Property Rights and Licensing
  16. Part Ⅳ Settlement of International Commercial Disputes
  17. Chapter 10 International Commercial Arbitration