International-Business-Law国际商法复习重点(共38页).docx
《International-Business-Law国际商法复习重点(共38页).docx》由会员分享,可在线阅读,更多相关《International-Business-Law国际商法复习重点(共38页).docx(38页珍藏版)》请在淘文阁 - 分享文档赚钱的网站上搜索。
1、精选优质文档-倾情为你奉上Lecture 1 Introduction to International Business Law1. Classification of LawsAll the laws in the world can be classified into:1) International laws2) Municipal laws2. What is International Law?Traditionally, International Law is also called the Law of Nations or Public International Law
2、, 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 o
3、f 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.4. What is International Business Law?International business law is t
4、he body of rules and norms that regulates activities carried out outside the legal boundaries of states. In particular, it regulates the business transactions of private persons internationally, and the international relationships of international commercial organizations.In comparison with the trad
5、itional international business law, contemporary international business law covers much more extensively, such as law for the international trading of goods, company law, negotiable instrument law, maritime law, insurance law, law of international technology transfer, industrial property law, intern
6、ational investment law, international financial law, international tax law, law of international dispute settlement.国际商法(英文版) 姜作利 法律出版社5. Sources of International Lawl Treaties and Conventionsl Treaties are legally binding agreements between two or more states. Conventions are legally binding agreem
7、ents between states sponsored by international organizations.l Customl Some rules have been around for such a long time or are so generally accepted that they are described as customary law.l General Principles and Jus Cogens6. Sources of Municipal Lawl Constitutionl Code & Lawsl Court Judgment7. Pe
8、rsons in International Lawl StatesStates are political entities that have a territory, a population, a government capable of entering into international relations, and a gobvernment capable of controlling its territory and peoples.l International OrganizationsAccording to the United Nations Charter,
9、 there are two kinds of international organizations: (1) public or intergovernmental organizations (IGOs) and (2) private or nongovernmental organizations (NGOs).8. Persons in Municipal Lawl Individual(Natural Person)l Legal Person9. The Rights of Individuals Under International LawInternational law
10、 looks upon individuals in two different ways: (1) it ignores them or (2) it treats them as its subjects. The traditional view is to ignore them. This is based on the idea that international law applies only to states.10. Municipal Legal System Civil Law Systeml The civil law system is the general t
11、ypology of legal systems found in most countries. It is an alternative to common law system and has its roots in Roman Law. It is employed by almost every country that was not a colony of the British Empire.l In most jurisdictions the civil law is codified in the form of a civil codes, but in some,
12、like Scotland it remains uncodified. Most codes follow the tradition of Code Napolon in some fashion. Notably, the German code was developed from Roman law with reference to German legal tradition.l Civil law relies on legislation, rather than judicial decisions for law. Civil law system do not reco
13、gnize judge-made law. 11. Municipal Legal System Common Law Systeml Common law is a system of law used in England, all of the states of the United States (except Louisiana) and other former British possessions such as Australia, Canada (except Quebec), India, Ireland, Jamaica, New Zealand and Hong K
14、ong. l The Common law system emphasizes the role of judges in determining the meaning of laws and how they apply. 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). As there are little formal
15、law to apply to many disputes, the decisions handed down by the judges literally made the law. 12. Chinese Lawl The Law of China, for most of the history of China, was rooted in the Confucian philosophy of social control. These influences remain in the contemporary legal system of the Peoples Republ
16、ic of China. PRC has been influenced by a number of sources including traditional Chinese views toward the role of law, the PRCs socialist background, the German-based law in Taiwan Province, and the English-based common law used in Hong Kong SAR. The law of the United States has also been very infl
17、uential particularly in the area of banking and securities law.Lecture 2 Formation of the Contract 1. ContractBlacks Law Dictionary defines a contract “an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law .1) Formation of the Contract2)
18、Enforceability of the Contract2. Formation of the Contract - OfferA contract is formed when an offer to buy or sell a good is accepted.l The OfferAn 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
19、price.l Requirements:l DefinitenessA proposal is sufficiently definite if it indicates the goods and expressly or implicitly fixes or makes provision for determining the quantity and the price.l Specific Offerees3. Invitation to OfferAn invitation to offer or invitation to treat is simply an express
20、ion of willingness to enter into negotiations which, it is hoped, will lead to the conclusion of a contract at a later date. 4. Display of goods for sale in a supermarketl Case: Pharmaceutical society of GB v. Boots Cash Chemists Boots organized their shop on a self-service basis. They were charged
21、with a breach of section 18(1) of the Pharmacy and Poisons Act 1933, which required that a sale of drugs take place under the supervision of a registered pharmacist. There was no pharmacist present close to the shelves, but a pharmacist supervised the transaction at the cash desk and was authorized
22、to prevent a customer from purchasing any drug if he thought fit to do so. l AdvertisementThe general rule is that a commercial advertisement is an invitation to treat rather than an offer. In Germany, advertisement is only a invitation to offer. While in common law legal system, if it can be proved
23、 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 can also be offer. CISG: an advertisement is presumed to be an invitation unless the contrary is clearly indicted by the pers
24、on making the proposal. 5. Case study: Carlill v. Carbolic Smoke Ball The defendants, who were the manufacturers of the carbolic smoke ball, 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,
- 配套讲稿:
如PPT文件的首页显示word图标,表示该PPT已包含配套word讲稿。双击word图标可打开word文档。
- 特殊限制:
部分文档作品中含有的国旗、国徽等图片,仅作为作品整体效果示例展示,禁止商用。设计者仅对作品中独创性部分享有著作权。
- 关 键 词:
- International Business Law 国际 商法 复习 重点 38
限制150内