国际贸易合同研究

1、Study of International Trade Study of International Trade Contracts Contracts 国际贸易合同研究国际贸易合同研究 Part One Introduction Part One Introduction Objectives of the thesisObjectives of the thesissecure the deal, minimize the risks and protect companies in case of possible trade disputes, claims or legal act

2、ions. Part One IntroductionPart One Introduction Definitions of International Trade Definitions of International Trade ContractContract International trade is the exchange of capital, goods and services across international boundaries. A contract is an agreement which binds the parties regarded Impo

3、rtance of this thesisImportance of this thesis lTell you the theory and the practice of drafting international trade contract.lIndicate each partys responsibilities. lProtect your right in case of disputes.lIncreasing international trade Part Two Part Two Procedures of Procedures of Concluding Inter

4、national Concluding International Trade ContractsTrade ContractsInvitation to Make OffersInvitation to Make Offers An invitation to make offers is a An invitation to make offers is a proposal addressed to non-specified proposal addressed to non-specified persons to invite them to make persons to inv

5、ite them to make offers to the addressor.offers to the addressor. Examples: Examples: mailing of a price list mailing of a price list，an auction an auction announcement, a call for tenders a announcement, a call for tenders a share prospect, a commercial share prospect, a commercial advertisement et

6、c.advertisement etc.Part Two Procedures of Concluding International Trade ContractsProcedures of Concluding International Trade Contracts offer Definition : An offer is a promise to do Definition : An offer is a promise to do somethingsomething Part Two Procedures of Concluding International Trade C

7、ontractsProcedures of Concluding International Trade Contractsl Effective Time of Offer : when it reaches Effective Time of Offer : when it reaches the offeree.the offeree.l To withdrawing an offer : withdrawing an To withdrawing an offer : withdrawing an offer must reach the offeree before the offe

8、r must reach the offeree before the offer reaches the offeree or at the same offer reaches the offeree or at the same time at which the offer reaches the offereetime at which the offer reaches the offeree. .l To revoke an offer : the notification of To revoke an offer : the notification of revocatio

9、n must reach the offeree before revocation must reach the offeree before the offer reaches the offer.the offer reaches the offer. Acceptance Acceptance l Definition: Acceptance is a declaration by the Definition: Acceptance is a declaration by the offeree to the offeror that it agrees with the offer

10、ee to the offeror that it agrees with the terms of an offer.terms of an offer.lContent of an acceptance : must be identical Content of an acceptance : must be identical to the content of the offer.to the content of the offer. Part Twol Effective time of an acceptance: Effective time of an acceptance

11、: acceptance must be made within the acceptance must be made within the time limit specified in the offer.time limit specified in the offer. l Withdraw of an acceptance: an Withdraw of an acceptance: an acceptance may be withdrawn if the acceptance may be withdrawn if the withdrawal reaches the offe

12、ror before withdrawal reaches the offeror before or at the same time as the acceptance.or at the same time as the acceptance. Part Three Legal ContractsPart Three Legal ContractsLegal Elements of a Contractl contractual capacity of the parties；l equal legal status of the partiesl genuineness of cons

13、ent；l free will；l honesty and trustworthinessl fairness；l complying with laws. Part Four Drafting Part Four Drafting International Trade International Trade ContractContractPart Four Drafting International Trade ContractDate Contract NO.PlacesellerBuyer RecitalsThe name of the goodsquantityunit pric

14、eTotal amountCIFCShipping markinsurancePort Time of shipmentPayment termsinspectionclaimForce majeureDisputessignaturesPart Five Conclusion Summary The procedures of concluding international trade contract Make sure the contract is legal Drafting an effective contract Suggestions : All terms and conditions to be included in the contract should b