文档介绍：第八章国际货物买卖合同的订立 (Negotiation of Contract)
①询盘(Inquiry)
②发盘(Offer)
递盘(Bid)
③还盘(Counter-offer)
接受(Acceptance)
订立合同(Sign a contract)
buyer
seller
合同成立的时间
(Effective time of contract)
合同生效的要件
( Effective conditions
of contract)
合同的形式
(Forms of contract )
合同的内容
(Contents of contract)
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第一节订立国际货物买卖合同的一般步骤 (General procedure of signing contract)
一、询盘(Inquiry)
Buyer Inquiry Seller
Seller Invitation to offer buyer
二、发盘(Offer)
㈠定义(Definition)
实盘(Firm offer)
虚盘(Non-firm offer)
㈡构成发盘的条件(Conditions the formation of an offer shall possess)
offer shall be made to one or more specific persons.
offer shall indicate the intention of the offer or to be bound in case of acceptance.
of the offer shall be definite, .,trade terms of the offer shall plete, clear, and final.
㈢发盘的有效性(validity of offer)
the latest date for acceptance.
a period of time for acceptance.
stipulate clearly the time of validity.
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㈣发盘生效的时间(Effective Time of offer)
by oral, it is effective from the time the offeree knows contents of the offer.
in written, there are two opinions: posting opinion and arrival opinion.
㈤发盘的撤回与撤消(Withdrawal and revocation of the offer)
withdrawal: the withdrawal reaches the offeree before or at the same time.
revocation: revocation reaches the offeree before he has dispatched an acceptance.
㈥发盘效力的终止(Termination of an offer’s effectiveness)
三、还盘(Counter-offer)
Counter-offer means that the offeree doesn't accept the offer wholly and put forward some additions, modification,limitations,etc. as to the basic terms and conditions contained in the offer.
material modification: price,payment,quality,quantity,place and time of
delivery,settlement of disputes.
modification
non-material modification
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四、接受(Acceptance)
(一)定义(Definition)
It refers to a statement made by oral or written or other conduct of the offeree indicating assent to an offer.
(二)接受的条件(The condi