内容简介
Part 1 The Basics of Contract
Chapter 1 Contract and Its Formation
Section 1 Commercial Contract & International Commercial Contract
1.1 Commercial Contract for the Domestic Sales of Goods
1.2 Commercial Contract for the International Sales of Goods
1.3 Relevant Transport Document
1.4 Electronic Data Interchange
1.5 Payment for the Goods
1.6 Contractual Relations Involved in the International Transactions
Section 2 Formation of Contract & the CISG
2.1 Offer and Acceptance
2.2 Mailbox Rule and Acceptance Rule
2.3 Consideration
2.4 Formality of Contract
2.5 Parole Evidence Rule
Section 3 Structure of Contract
Section 4 Settlement of Dispute
4.1 Dispute
4.2 Settlement of Dispute
Chapter 2 Incoterms 2000
Section Incoterms 2000
1.1 Figure 1
1.2 "E" Term Dealing with Passing at the Seller's Premises
1.3 "F" Term Dealing with Port-to-Port Shipment
1.4 "C" Terms Doaling with Port-to-Port Shipment
1.5 "D" Term: Destination or "Arrival" Contracts
1.6 Multimodal Transport Terms Developed by Incoterms
Chapter 3 Letters of Credit
Section 1 Characteristics of a Documentary Letter of Credit
Procedure Used in a Letter of Credit
Section 2 Types of Documentary Credits
2.1 Revocable and Irrevocable Credits
2.2 Confirmed and Unconfirmed Credits
2.3 Method of Payment under a Credit
2.4 Sight Drafts
2.5 Negotiation Credits
2.6 Other Types of Credit Arrangements Recognized by UCP 500
2.7 Stages in the Transaction
2.8 Responsibility of the Intermediary Bank
Chapter 4 Norms of the Contract
Section 1 The Norms of the Contract
1.1 Hereinafter
1.2 The Concerned Parties to the Contract
1.3 Definition
1.4 Usage of "Shall"
1.5 The Conditional Clauses
1.6 Usage of Capitalization
Section 2 Usage of Old English
2.1 "Here" Group
2.2 "There" Group
2.3 "Where" Group
2.4 Others
Chapter 5 Set Clauses of the Contract
Section Set Clauses of the Contract
1.1 Identification of Parties
1.2 Force Majeure
1.3 Cancellation
1.4 Arbitration
1.5 Governing Law and Choice of Forum
Part 2 Types of Contracts
Chapter 6 Purchase Contract
Text A Purchase Contract
Text B Canada National Cereal, Oil & Foodstuffs Import and Export Corporation Purchase Contract
Exercises
Chapter 7 Sales Contract
Text A Sales Contract(1)
Text B Sales Contract(2)
Exercises
Chapter 8 Employment Contract
Text A Employment Contract
Text B Overseas Hired Employment Contract
Exercises
Chapter 9 Cooperative Joint Venture Contract
Text The Contract for Sino-foreign Cooperative Joint Venture
Exercises
Chapter 10 Equity Joint Venture Contract
Text The Contract for Sino-foreign Equity Joint Venture
Exercises
Chapter 11 Compensation Trade Contract
Text A Compensation Trade Contract(1)
Text B Compensation Trade Contract(2)
Exercises
Chapter 12 Assembling & Processing Contract
Text A Contract for Processing & Assembling
Text B Contract for Processing with Supplied Materials and Assembling with
Supplied Parts
Exercises
Chapter 13 Distribution & Consignment Contract
Text A Exclusive Agency Agreement
Text B Sales Agency Agreement
Exercises
Chapter 14 Contract for Machinery Equipment
Text Contract for A Complete Set of Equipment
Exercises
Chapter 15 Technology Transfer
Text A Contract of the Transfer of Technology
Text B Licence Contract for Patent and Technology
Exercises
Keys to Exercises
Appendix 1
Appendix 2
Appendix 3
Appendix 4
Appendix 5
References