国际商法导论论文

附件3国际商法导论大作业一、大作业的目的●提高学生对课程及相关领域的知识理解与运用能力，●提高学生的英语书面表达能力，●提高批判思维能力，●提高搜集资料、信息分析处理的能力，●提高自主学习能力，●提高计算机运用能力。

二、大作业的要求●结合教材所学内容撰写一篇不少于1500字的小论文（英语）,如果论文中涉及到案例,案例内容简写,不超过300字。

●论文应有标题（自拟），摘要（50字左右），正文（不少于1500字），关键词（3个），参考文献（不少于2个）。

●根据内容需要合理、规范运用表格、图表、插图等表达形式。

●排版和打印要求：✓字体：Times New Roman✓字号：标题字号为二号，加粗，居中。

正文字号为小四，每段段首空四个英文字符，行间距选多倍行距1.25。

标题与正文之间空一行。

✓用A4纸打印，装订顺序为封面—正文，左侧装订。

三、大作业评分标准附件：论文封面封面(COVER)标题（Title）：国际商法系别(Department): 英语系专业(Major)：商务英语班级(Class)：2013级商务英语四班姓名(Name)：辛雨学号(Student’s Number)：BC13180428样本：封面(COVER)标题（Title）：标题由学生自拟系别(Department): 艺术系专业(Major)：动画班级(Class)：2012级动画设计一班姓名(Name)：张嘉霖学号(Student’s Number)：BC12790106International contract lawAbstract: Contract is mainly engaged in civil exchanges and commercial transactions law tools. However, the continental law system and Anglo-American law system on the definition of contract and the system there is a huge difference, need to compare and research, so as to promote international commercial transaction orderly, and prevent international commercial contract transaction risks.Key words: international, contract, legalityIn civil law system country, the contract is generally regarded as a form of agreement; its essence is the two sides have a purpose that is the meaning of the parties to the contract says. German civil code in the category of legal act, the contract according to article 305 of the German civil code regulation: in accordance with the legal behavior set debt relationship or change the contents of the legal relationship, except otherwise provided by law, shall be in accordance with the contract between the parties. This means that the contract is the legal act, the relation between the changes of debt.In common law countries, the contract is considered to be essentially a promise made by the parties, not just a deal. When promise a consideration, promise, with the objects to be trading promise can be enforced on the effectiveness of the noble man can fulfill its promise by court to enforce the promise, the promise to become a contract.The common law that law enforcement is the promise made by the parties, and the mainland law that enforced the law the agreement between the parties or desirable. Despite the two big legal system the concept of contract exists relatively large differences in theory, but in fact both in common law countries and continental law countries to unite the intention of parties as a contract formed elements, namely if the parties fail to reach an agreement, there is no contract. At this point there are no substantial differences on both sides.Our country’s law is in essence a kind of agreement. China's "general principles of the civil law" the 85th regulation: the contract between the parties is set up, change, termination and civil relationship agreement. "Contract law" stipulated in article 2: the contract is a contract between equal natural persons, legal persons and other organizations for the club and stand, change or terminates civil rights and obligations relations agreement.We according to the "general principles of international commercial contract" is defined as: international commercial contract refers to transactions between merchants, international with characteristics of commercial contract."Businessmen", "commercial properties" and "international" should be broadly beunderstanding.1. "Merchant" means the natural person or legal person engaged in business activities;2. "commercial properties" are not limited to narrow commercial activities such as buying and selling, but including finance, investment, leasing and other for-profit activities;3. "international" is a transnational factors refers to: namely, subject, object, to conclude, change, or to perform the behavior such as involved with foreign business contract, are we here, the term "international commercial contract.It is not exist with characteristics and general method widely used in various fields of international commercial contract comprehensive international conditions or convention. But on the international sale of goods international transport of goods and in clearing, and other areas of the contract has a lot of countries have taken part in international conventions, in many cases, the convention is suitable in the field of international business to determine the rights and obligations between the parties to a contract basis, naturally become one of the most significant source of international commercial contract law.The basic principles of international contract law1. The principle of party autonomy: Party autonomy principle refers to the parties concerned shall have the right to freedom of international commercial contract and to determine the content of the contract, and the mutual consensus can freely modify or repeal.2. The principle of good faith and fair: "General principles of international commercial contract", and many countries or regions, including China, explicitly announced the principle in the contract law. "General principles of international commercial contract" specific provision: "if the parties concerned shall not exclude or limit". The "principle of good faith" means not only the parties to each other may not be fraud and coercion, and asked them in good faith to conclude, change, or to perform the contract.3. Abide by the principle of legal contractIn accordance with relevant national laws are legitimate and effective international commercial contracts, is legally binding on the parties, the parties shall perform all the obligations stipulated in the contract of unless according to legal provisions or the agreement of the parties, any party shall not unilaterally modify or terminate the original contract obligations.4. Adhere to the principle of force method: The effectiveness of the "force method" is very popular with mandatory and cannot eliminate the legal norms of agreements for the parties concerned. Adhere to the principle of force method, request the parties shall not set protocol, limit or immunity against forced obligation stipulated in the law. Adhere to the principle of force method is, in fact, in order to protect the national or public interests and rights of the party autonomy, constraints and limitations.Case: Canadian companies and Thai company conclude a contract for export of precisioninstruments. Contract: Thai company should be in the process of instrument manufacturing according to the progress payment in advance. After the contract is concluded, the Thai company that Canadian companies supply equipment quality is not stable, and immediately notifies the company in Canada: from informed your company to supply quality is not stable, therefore temporarily to suspend the performance of the contract. Canadian companies by notification, immediately to the Thai company to provide a written guarantee: if fails to perform its obligations, will be that the Thai company to pay payment by the bank. But the Thai company is after the notice, insisted on suspended to perform the contract. Problem: Thai company's approach is appropriate?Analysis: Declaration to suspend the performance of the obligation of a party, must immediately notify the other party, if the other party to fulfill his obligations provides sufficient assurance, you must continue to perform the obligations. Because temporarily stopped to perform the contract terminate the contract, to not make the contract. Therefore, as long as the other party provides adequate performance security (such as a bank guarantee), declare to suspend the performance of the contract party still have to continue to fulfill their contractual obligations. Therefore, Thai company can only continue to perform the contract, can not terminate the contract for the time being.Content of international commercial contract must be lawful and not in violation of public interests. Countries around the world legal requirements contract must be lawful, and shall not violate social public interests; otherwise it will cause the contract invalid or can't ask for compulsory enforcement."The French civil code article 6 stipulates clearly:" not particularly agreed by the parties in violation of the relevant public and good customs laws." "German civil code" regulation: the legal act in violation of the prohibitive provisions of enacted law is invalid. Violation of good customs legal act is invalid; Legal action to use the other urgent situation, especially someone with no experience, lack of judgment or weak will make the payment to themselves or a third person has a set or give property interest, and the property interests and pay a disproportionate share of obviously, the legal act is invalid.In Common law system countries, there are two main types: illegal contract statute law forbidden by the contract; The common law does not recognize the contract. The common law it is illegal to think the following several kinds of contract: contract is violated or tort; And no license is required by law to the licensed business activities by the contract; Harm the public interests of the contract; To violate the moral contract; There are such as "no" the interests of the insurance contract, "commercial limited unreasonable contract" also belong to the common law rules of illegal contract.China's "contract law" stipulated in article 52 of the five kinds of contract shall be deemedas invalid. Including: (1) a party with fraud, coercion means to enter into a contract; (2) do so with auctioneers to damage the interests of the state, the collective or a third party; (3) in the form of legal cover illegal purposes; (4) harm social public interests; (5) in violation of the mandatory provisions of laws and administrative rules and regulations.Learning international commercial contract law will help us better understand between international commercial law, laid the important foundation for the later work life.Reference:[1]: The international contract law, Shanghai University of finance and economics press, 2002 edition.[2]: The new international commercial law, China rennin university press, 2002.[3]: The international commercial law, foreign economic and trade university press, 1994.[4]: The international commercial law, China rennin university press, 1994.。