文档介绍：School of International Economics
国际贸易实务Practical International Trade
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Shandong Finance Institute
School of International Economics
Chapter 1: Business Contract
贸易合同
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1. What is business contract?
In international trade, the business contract normally refers to the agreement concluded by both parties and enforceable by law,
by which they mutually promise to sell or buy some modity, transfer or acquire a certain industrial property or know-how, or render or accept a certain service.
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1. What is business contract?
Sales contract (销售合同)
Purchase contract (购买合同)
Sales confirmation
Purchase confirmation
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Business Contract
Formation Stipulation of Contract
“United Nations Convention on Contracts for the International Sale of Goods”
Formal or informal
Oral or written
Sealed or unsealed
“Law of Economic Contracts Involving
Foreign Interests”(China)
An Agreement in writing on the
contractual provision and duly sign it
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2. Legal Foundation
Principle should be followed to sign a contract
The conclusion of the contract is the legal act of the parties thereto, it must possess its basic legal characteristics.
The parties thereto in full agreement with each other
The parties thereto are equal in position
The valid contract shall be legal and in conformity with the effective conditions for conclusion.
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Legal Foundation
Relative legal bases in the world
“United Nations Convention on Contracts for the International Sale of Goods”(1980)
“British Sales of Goods Act”(1893)
“Warsaw-Oxford Rules”(1932)
“mercial Code in the United States”(1977)
“Law of economic Contracts Involving Foreign Interests (1985) (China)
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3. Formation of Contract
Preamble
Body
Witness Clause
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Preamble
The preamb