1. The sources of international economic law
1 International economic treaties
2 International Business Practices
3 The normative resolutions of the UN General Asmbly
4 National legislation
2. Conclusion of an international contract for sale of goods
International Sale of Goods is the agreements between the parties. It is concluded by one party’s offer and the other party’s acceptance. More often a contract couldn’经济管理类t reach after the offer, the party often makes counter-offer, after repeated consultations, the two sides reached connsus and the contract could be sustained. In the consultation process, the offer and acceptance are two important legal steps. "United Nations Convention on Contracts for International Sale of Goods" 1980 carried out in articles 14-24 of this provision.
1. Offer众志成城战疫情
An offer 要约is a proposal by one person to another indicating an intention to enter into a contract under specified terms. In the words of the Restatement Second of Contracts 24, an offer must be a "manifestation of willingness to enter in- to a bargain, so made as to justify another person in understanding that his asnt to that bargain is invited and will conclude it". Thus, the first element of an offer is a manifestation of an intention to be prently bound subject only to an appropriate acceptance.
一建继续教育1 Conditions constitute an offer.
A proposal for concluding a contract addresd to one or more specific persons constitutes an offer if it is sufficiently definite and indicates the intention of the offeror to be bound in ca of acceptance. 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. An offer becomes effective when it reaches the offeree.
A proposal other than one addresd to one or more specific persons is to be considered merely as an invitation to make offers, unless the contrary is clearly indicated by the person making the proposal.
2 Withdraw and revoke the offer.
An offer, even if it is irrevocable, may be withdrawn if the withdrawal reaches the offeree before or at the same time as the offer. Until a contract is concluded an offer may be revoked if the revocation reaches the offeree before he has dispatched an acceptance. However, an offer cannot be revoked:
a if it indicates, whether by stating a fixed time for acceptance or otherwi, that it is irrevocable; 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.
3 Lap of offer. After the lap of the offer, both the offeror and the offeree are no longer
bound by the offer. Lap due mainly to the following situations i the offer has expired due to time passing, that is, the offeree didn’t accept in the specified period. ii The revocation of the offer by the offeror.1860 iii The offeror's refusal to offer due to lap. A refusal by the offeror may be express or it can be implied, a implied rejection is manifested is manifested mainly changes in the contents of the original offer. Changes for the offer are called counter-offer.
2. Acceptance
陈光标吃剩饭A contract isn't formed until the offer is accepted by the offeree. The acceptance接受 is the offeree' s manifestation of the intention to be bound to the terms of the offer. In all legal systems, the offeree may accept at any time until the offer is revoked by the offeror, until the offer expires due to the passage of time, until it is rejected by the offeree, until the offeree makes a counteroffer, or until termination in some other manner. Under the CISG, an acceptance may take the form of a statement or any other conduct by the offeree that indicates the offeree' s intention to be bound to the contract.
1 Requirements of Acceptance
南字成语i An acceptance must be made by the offeree. A statement made by or other conduct of the offeree indicating asnt to an offer is an acceptance. Silence or inactivity does not in itlf amount to acceptance.
However, if, by virtue of the offer or as a result of practices which the parties have established between themlves or of usage, the offeree may indicate asnt by performing an act, such as one relating to the dispatch of the goods or payment of the price, without notice to the offeror, the acceptance is effective at the moment the act is performed, provided that the act is performed within the period of time laid down in the preceding paragraph.
红薯发糕ii An acceptance must be made within the period of validity. Late acceptance is a counteroffer only A late acceptance is nevertheless effective as an acceptance if without delay the offeror orally so informs the offeree or dispatches a notice to that effect. If a letter or other writing containing a late acceptance shows that it has been nt in such cir
cumstances that if its transmission had been normal it would have reached the offeror in due time, the late acceptance is effective as an acceptance unless, without delay, the offeror orally informs the offeree that he considers his offer as having lapd or dispatches a notice to that effect.
