国际商法英文版课件韩永红 ISBN9787566301918 PPTChapter 6.ppt

Chapter 6 Contract for International Sale of Goods The Outline The Sphere of Application of CISG Contract Formation Seller’s Obligations Buyer’s Obligations Risk of Loss Excused Performance Remedies for Breach of Contract I. The Sphere of Application of CISG Three Requirements for the Application of CISG Choice of Law clauses (choice of forum clause) Sales Excluded from CISG Contractual Issues Excluded from CISG Three requirements: (1) The contract is for the commercial sale of goods; (2) It is between parties whose places of business are in different counties; (3) The places of business are located in countries that have ratified the convention. Commercial sale of goods: goods are traded for business purposes, i.e. for industrial production or resale, rather than for personal use or household use. Goods: moveable and tangible items regardless of whether they are solid, used or new, inanimate or alive. Intangibles, such as intellectual property rights, an interest in a limited liability company, or an assigned debt have been considered not to fall within the Conventions concept of goods . Software? Three Requirements International: a sale of goods contract be deemed to be international if the relevant places of businesses of the parties are located in different contracting states to CISG. Article1 (1)(b) places of business : According to case law, place of business can be defined as the place from which a business activity is de facto carried out. This requires a certain duration and stability as well as a certain amount of autonomy. Neither a warehouse nor a liaison office qualifies as a place of business. In case that a party has more than one place of business, which of the places of business shall be considered the “place of business” under the contract? The place of business is that which has the closest relationship to the contract and its performance. (Article 10) Choice of law clauses When three requirements are met an