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International Business Law 国际商法复习重点
Lecture 1 Introduction to International Business Law
1. Classification of Laws
All the laws in the world can be classified into:
1) International laws
2) Municipal laws

2. What is International Law?
Traditionally, International Law is also called the Law of Nations or Public
International Law, and it deals with the international relationship between the
states.

3. What is Municipal Law?
Whereas international law governs relations between states, institutions, and
individuals across national boundaries, municipal law governs these same persons
(including the private or commercial conduct of foreign states) within the
boundaries of a particular state.
Comparative lawyers classify countries into legal families. The two most widely
distributed families are the Romano-Germanic civil law and the Anglo-American
common law.

What is International Business Law? International business law is the body of rules and norms that regulates activities carried out outside the legal boundaries of states. In comparison with the traditional international business law. contemporary international business law covers much more extensively. international tax law. company law. transfer. such as law for the international trading of goods. sponsored by international organizations. ? General Principles and Jus Cogens 6. ? Custom ? Some rules have been around for such a long time or are so generally accepted that they are described as customary law. law. In particular. law of international dispute settlement. 《国际商法》(英文版)姜作利法律出版社 5.360 文档中心 word 文档下载网站 http://www.net/ 4. Sources of International Law ? Treaties and Conventions ? Treaties are legally binding agreements Conventions are legally binding agreements between between two or states more states. maritime law. insurance property law. and the international relationships of international commercial organizations. law of international international investment technology law. it regulates the business transactions of private persons internationally.360docs. Sources of Municipal Law . international industrial financial law. negotiable instrument law.

360docs. The traditional view is to ignore them. This is based on the idea that international law applies only to states. Persons in Municipal Law ? Individual(Natural Person) ? Legal Person 9. 8. and a gobvernment capable of controlling its territory and peoples. The Rights of Individuals Under International Law International law looks upon individuals in two different ways: (1) it ignores them or (2) it treats them as its subjects. Persons in International Law ? States States are political entities that have a territory.360 文档中心 word 文档下载网站 http://www. a government capable of entering into international relations. a population. ? International Organizations According to the United Nations Charter. . there are two kinds of international organizations: (1) public or intergovernmental organizations (IGOs) and (2) private or nongovernmental organizations (NGOs).net/ ? Constitution ? Code & Laws ? Court Judgment 7.

Canada (except Quebec). but in some. Municipal Legal System – Civil Law System ? The civil law system is the general typology of legal systems found in most countries.360 文档中心 word 文档下载网站 http://www. Notably. Civil law system do not recognize judge-made law. for most of the history of China. Most codes follow the tradition of Code Napoléon in some fashion. all of the states of the United States (except Louisiana) and other former British possessions such as Australia. Municipal Legal System – Common Law System ? Common law is a system of law used in England. It is employed by almost every country that was not a colony of the British Empire. It is an alternative to common law system and has its roots in Roman Law. rather than judicial decisions for law. ? The Common law system emphasizes the role of judges in determining the meaning of laws and how they apply. India. ? In most jurisdictions the civil law is codified in the form of a civil codes. Jamaica. like Scotland it remains uncodified. the German code was developed from Roman law with reference to German legal tradition. was rooted in the . 12. the decisions handed down by the judges literally made the law. 11. As there are little formal law to apply to many disputes. Chinese Law ? The Law of China.360docs. ? Civil law relies on legislation. Ireland. It arose beginning in the eleventh and twelfth centuries as the English monarch appointed royal judges to resolve disputes in the name of the king (or queen). New Zealand and Hong Kong.net/ 10.

360 文档中心 word 文档下载网站 http://www. These influences remain in the contemporary legal system of the People's Republic of China.a binding contract&gt. The law of the United States has also been very influential particularly in the area of banking and securities law.Offer A contract is formed when an offer to buy or sell a good is accepted. Contract Black‘s Law Dictionary defines a contract ―an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law &lt. the PRC's socialist background. Formation of the Contract .. Lecture 2 Formation of the Contract 1. ? Requirements: Definiteness . the German-based law in Taiwan Province. and the English-based common law used in Hong Kong SAR.360docs. 1) Formation of the Contract 2) Enforceability of the Contract 2. ? The Offer An offer is aproposal addressed to specific persons indicating an intention by the offeror to be bound to the sale or purfchase of particular goods for a price. PRC has been influenced by a number of sources including traditional Chinese views toward the role of law.net/ Confucian philosophy of social control.

advertisement can also be offer. 4. will lead to the conclusion of a contract at a later date. They were charged with a breach of section 18(1) of the Pharmacy and Poisons Act 1933. CISG: an advertisement is presumed to be an invitation unless the contrary is clearly indicted by the person making the proposal.360docs. In Germany. it is hoped. Display of goods for sale in a supermarket ? Case: Pharmaceutical society of GB v. but a pharmacist supervised the transaction at the cash desk and was authorized to prevent a customer from purchasing any drug if he thought fit to do so.360 文档中心 word 文档下载网站 http://www. . Boots Cash Chemists Boots organized their shop on a self-service basis.net/ A proposal is sufficiently definite if it indicates the goods and expressly or implicitly fixes or makes provision for determining the quantity and the price. Invitation to Offer An invitation to offer or invitation to treat is simply an expression of willingness to enter into negotiations which. There was no pharmacist present close to the shelves. if it can be proved that the maker of the advertisement is willing to be bound by the advertisement and the advertisement has clearly provided sufficient information of the goods. advertisement is only a invitation to offer. While in common law legal system. ? Advertisement The general rule is that a commercial advertisement is an invitation to treat rather than an offer. which required that a sale of drugs take place under the supervision of a registered pharmacist. ? Specific Offerees 3.

and which step is acceptance? Case: British Car Auctions Ltd v. Case study: Carlill v. who were the manufacturers of the carbolic smoke ball. She sued for the 100 pound. The offer is . Which step is offer. and they deposited 1.360 文档中心 word 文档下载网站 http://www. The auctioneer invites the bids Step 3. The claimant caught flu after using the smoke ball in the specified manner. the general rule is that the invitation to tender is simply an invitation to treat.360docs. The prospective buyers bids for the commodity Step 4. The auctioneer strikes the table.000 pound in the bank to show their good faith. 6.net/ 5. Carbolic Smoke Ball The defendants. The judge held that the advertisement is an offer to the whole world and that a contract was made with those persons who performed the condition on the faith of the advertisement. Tenders Where a person invites tenders for a particular project. Advertisement of auction or a statement of auction Step 2. issued an advertisement in which they offered to pay 100 pound to any person who caught flu after having used one of their smoke balls in the specified manner. Auction sales Step 1. Wright 7.

The offeror or offeree died. Termination of offer a. an offer cannot be revoked under CISG: (a) if it indicates.360docs. 要约被撤销 (2) However.net/ made by the person who submits the tender and the acceptance is made when the person inviting the tenders accepts one of them. ? Withdrawal ? Firm Offers Ones where the offeror promises to keep the offer open for a fixed period. Until a contract is concluded an offer may be revoked if the revocation reaches the offeree before he has dispatched an acceptance. b. c. An offer. No acceptance was sent before the offer expires. Effectiveness of an Offer ? An offer becomes effective only after it reaches the offeree. 9. whether by stating a fixed time for acceptance or . even if it is irrevocable. may be withdrawn if the withdrawal reaches the offeree before or at the same time as the offer.360 文档中心 word 文档下载网站 http://www. 要约被撤回 d. 8. ? Revocation ? Offers that do not state that they are irrevocable can be revoked any time before the offeree dispatches an acceptance.

a letter revoking their offer. The acceptance must be made by offeree to offeror. is terminated when a rejection reaches the offeror. However.360docs. which reached the claimants on 20 October. with the same contents as the offer. c. .net/ otherwise. 11. 10. An offer. the claimant accepted the offer by fax on 11 October . e. or (b) if it was reasonable for the offeree to rely on the offer as being irrevocable and the offeree has acted in reliance on the offer. which reached claimants on 10 October. on 8 October. The conditions of acceptance: a. in the meantime. the defendants had sent. Formation of the Contract -acceptance The acceptance is the offeree‘s manifestation of the intention to be bound to the terms of the offer. that it is irrevocable. Van Tienhoven The defendants sent the claimants an offer on 1 October. Case of Revocation of offer Byrne v.360 文档中心 word 文档下载网站 http://www. even if it is irrevocable. b. The acceptance must be unconditional and absolute. An acceptance must be made before the offer expires. It was held that a contract was concluded between the parties on 11 October because the purported withdrawal could not take effect until 20 October.

Acceptance with Modifications ? A purported acceptance which does not accept all the terms and conditions proposed by the offeror but which in fact introduces new terms is not an acceptance but a counter-offer. which is then treated as 360 文档中心-海量免费 word 文档,ppt 模板下载。涵盖教育、职场、生活应用 等各行业。荟萃营销,职业规划,工作简历,入党,工作报告,工作总结,学 习资料,知识点总结等精品文档。 360 文档中心 http://www. acceptance must be received within a reasonable time. unless the circumstances indicate otherwise.360 文档中心 word 文档下载网站 http://www. the acceptance must be made immediately. ? Civil law countries – receipt theory The acceptance takes effect only after it reaches the offeor. ? Withdrawal Because an acceptance is normally not effective until the offeror receives it. If the offer is oral. an offeree may withdraw his acceptance any time before or simultaneous with its receipt.360docs. If no time period is given. Time of Acceptance ? Acceptance must be received by the offeror within the time period specified in the offer.360docs. ? Common law countries – mailbox rule The acceptance takes effect when it is sent no matter whether the mail is lost in transit.net/ 12. 13.net/ .