合同法 ENGLISH
商务英语中contract与agreement不同
商务英语中contract与agreement不同小编为大家整理了商务英语中contract与agreement的不同，希望对你有帮助哦!商务英语中contract与agreement的不同：一、什么是“Contract”?1999年中国《合同法》第二条对contract定义为：A contact in t his Law refers to an agreement establishing, modifying and terminating the civil rights and obligations between subjects of equal footing, that is ,between natural persons, legal persons or other organizations. 根据这一定义，合同平等主体之间设立的确定民事权利和义务的协议。
Steven H. Gifts编著的“Law Dictionary”中将contract 定义为“contract is a promise, or a set of promises, for breach of which the law gives remedy, or the performance of the which the law in some way recognize as a duty.”根据这一定义，合同是一种承诺，违反承诺可以得到法律救助，某种意义上法律将履行该承诺看做是一种补偿。
综合起来，有一个相同点，就是“Contract is an agreement”，即可将事同说成是“An agreement which binds the parties concerned”或者说成是“An agreement which is enforceable by law”，也可以说：Contracts are promises that the law will enforce。
《国际私法》第九章 合同的法律适用
一、合同与涉外合同的概念(Definition)
合同是当事人设立、变更或消灭某种民事 权利义务关系的协议。
涉外合同，通常是指合同关系的主体、客 体以及发生合同关系的法律事实诸因素中 至少有一项具有涉外因素。
二、合同的法律冲突 （Conflict of Contract Laws） (一)概念的冲突(Conflicts of Definitions )
Article 55
Where a contract has been validly concluded but does not expressly or implicitly fix or make provision for determining the price, the parties are considered, in the absence of any indication to the contrary, to have impliedly made reference to the price generally charged at the time of the conclusion of the contract for such goods sold under comparable circumstances in the trade concerned.
1. 大陆法国家(Civil Law Countries)
（1） 法国 《法国民法典》第1101条： 契约是一人或数人对另一人或数人负担给 付、作为或不作为之债的协议。
（2） 德国 《德国民法典》第305条第3款 ：
合同当事人双方可以在遵守第2款所称要件 的情况下，预先就特定种类的法律行为达 成适用特定的一般交易条款的协议。
合同的英文定义
合同的英文定义Contract English DefinitionThis Contract English Definition (the "Definition") is made and entered into as of [Date], by and between [Party A] and [Party B], hereinafter collectively referred to as the "Parties".1. Basic Information of the Parties[Party A] is a legal person duly organized and validly existing under the laws of [Country/Region], with its principal place of business located at [Address].[Party B] is a legal person or natural person duly organized or residing under the laws of [Country/Region], with its principal place of business or residence located at [Address].2. Identity of the Parties[Party A] is represented by its authorized representative, and has the legal capacity to enter into this Contract.[Party B] is represented by its authorized representative, and has the legal capacity to enter into this Contract.3. Rights and Obligations of the Parties3.1 Rights and Obligations of [Party A][Party A] shall provide [Party B] with [insert description of services/goods provided by Party A].[Party A] shall carry out its obligations under this Contract with due care and in a timely manner.[Party A] shall comply with all applicable laws and regulations of [Country/Region] related to the provision of its services/goods.3.2 Rights and Obligations of [Party B][Party B] shall pay [Party A] the agreed-upon price for the services/goods provided.[Party B] shall provide [Party A] with all necessary information and materials in a timely, complete, and accurate manner.[Party B] shall comply with all applicable laws and regulations of [Country/Region] related to the receipt of services/goods provided.4. Manner of Performance[Party A] shall perform its obligations under this Contract in accordance with the terms set forth herein and in any applicable schedules or addenda.[Party B] shall perform its obligations under this Contract in accordance with the terms set forth herein and in any applicable schedules or addenda.5. TermThis Contract shall be effective as of the date first written above and shall continue until the services/goods are fully delivered/performed and all obligations of the Parties have been fulfilled, unless otherwise terminated in accordance with the terms of this Contract.6. Default and RemediesIf either Party fails to perform or breaches any of the terms or conditions of this Contract, the non-breaching Party may give written notice to the breaching Party specifying the default or breach. The breaching Party shall then have [number of days] to cure the default or breach. If the default or breach is not cured within the specified period, the non-breaching Party may pursue any legal remedy available to it.7. Applicable Law and JurisdictionThis Contract shall be governed by and construed in accordance with the laws of [Country/Region]. Any disputes arising out of or in connection with this Contract shall be submitted to the exclusive jurisdiction of the courts of [Country/Region].8. Legal Effectiveness and EnforceabilityThis Contract represents a legally binding agreement between the Parties and is fully enforceable in accordance with its terms. The Parties acknowledge and agree that they have readand understood this Contract and have obtained any legal advice or assistance necessary to interpret its provisions.IN WITNESS WHEREOF, the Parties have executed this Contract as of the date first written above.[Party A Name]:Authorized Representative:[Party B Name]:Authorized Representative:。
艾森伯格合同法基础原理
艾森伯格合同法基础原理The foundational principles of contract law were first developed by Sir William Anson in his influential work, "The Principles of the English Law of Contract." These principles provide the framework for understanding the legal rules and regulations that govern the formation and enforcement of contracts. 艾森伯格合同法的基础原理最早由威廉·安森爵士在他的著作《英国合同法原则》中提出。
这些原理为理解治理合同形成和执行的法律规则和法规提供了框架。
One of the fundamental principles of contract law is that contracts are based on the agreement between the parties. This means that for a contract to be legally binding, there must be an offer, acceptance, and consideration. 合同法的一个基本原则是合同基于各方之间的协议。
这意味着要使合同具有法律约束力，必须有要约、接受和对价。
Another key principle of contract law is the intention to create legal relations. This principle requires that the parties to a contract must have a genuine intention to be legally bound by the terms of the contract. 合同法的另一个重要原则是意图产生法律关系。
英文合同常用词汇
Common English Contract Vocabulary1.Parties: The individuals or entities entering into the contract.2.Term: The duration or length of time the contract is valid.3.Consideration: The value exchanged by the parties, often in the form of goods,services, or money.4.Breach: Violation of the terms and conditions of the contract.5.Indemnification: Compensation for damages or losses.6.Confidentiality: Protection of sensitive information shared during the contract.7.Termination: The ending of the contract before the expiration of its term.8.Force Majeure: Unforeseeable circumstances that prevent a party from fulfillingtheir obligations.9.Jurisdiction: The legal authority or control under which the contract falls.10.Arbitration: Resolving disputes outside the court system, usually through aneutral third party.11.Severability: The ability to enforce the remaining provisions of a contract even ifone part is deemed invalid.12.Amendment: Changes made to the original contract after it has been signed.13.Representations and Warranties: Statements made by one party to the otherregarding certain facts or conditions.erning Law: The specific laws that will govern the interpretation andenforcement of the contract.15.Assignment: Transfer of rights or responsibilities from one party to another.16.Liability: Legal responsibility for one’s actions or omissions.17.Remedies: The actions available to parties in case of a breach of contract.18.Confidentiality Agreement: A separate agreement that specifies the protectionof confidential information.19.Consideration: Something of value exchanged by the parties, usually money.20.Counterparty: The other party involved in the contract.These are just a few common terms used in English contract law. Familiarizing yourself with these terms will help you better understand and navigate contract documents and agreements.。
法律英语：Contract&agreement 合同和协议 上
法律英语：Contract&agreement 合同和协议上A contract may be modified if the parties reach a consensus1 through consultation2.当事人协商一致即可以变更合同。
A person is not liable for debts contracted during his minority.一个人无须对他在未成年时期的合同债务承担责任。
A transaction between two parties ought not to operate to the disadvantage of a third.合约不约束第三人。
A contract cannot arise out of an illegal act.违法行为不能构成合约。
An acceptance once given cannot be revoked4 unless the offeror consents.除非要约人同意，承诺一经做出即不得撤回。
An acceptance is a statement made by the offeree indicating assent5 to an offer.承诺是受要约人同意要约的意思表示。
An offeror may withdraw an offer at any time before it has been accepted.在要约被受要约人接受以前，要约人可以随时撤回要约。
Any amendment6 to this contract shall become effective only by a written agreement by Patry A and Party B.对本合同的任何修改，只有经甲、乙双方签署书面协议后方能生效。
Any annex7 is the integral part of this contract.本合同一切附件均为本合同的有效组成部分。
英语法律知识点大全
英语法律知识点大全引言英语作为一种全球通用语言，不仅在日常生活、商务交流中扮演重要角色，而且在法律领域也有着广泛的应用。
掌握一些英语法律知识点，对于提高自身法律素养、扩展国际交流能力具有重要意义。
本文将为你介绍一些常见的英语法律知识点。
合同法合同在法律中扮演着重要的角色，它规定了参与方相互约定的权利和义务。
以下是一些与合同相关的英语法律知识点：1. Offer and acceptance （要约和承诺）在合同形成过程中，一方向另一方发出的写实或口头的要约称为offer，另一方对此作出同意称为acceptance。
只有offer和acceptance达成一致，合同才能成立。
2. Consideration（对价）合同的有效性通常要求有一定的对价存在。
对价可以是金钱、商品或服务等对方愿意接受的内容。
3. Breach of contract（违约）当一方未能履行合同中规定的义务时，就构成了合同违约。
在违约情况下受损方通常可以追究违约方的法律责任。
著作权法著作权保护了创作者对其原创作品的权益。
以下是一些著作权法方面的英语法律知识点：1. Copyright（版权）著作权保护包括文学、艺术、音像、电脑软件等作品。
一旦著作品被创建，即自动拥有其版权。
2. Fair use（合理使用）合理使用是指在符合某些限制条件下，非授权使用他人著作的权利，例如学术研究、评论和新闻报道等。
3. Infringement（侵权）未经版权拥有者的许可，擅自制作、复制、发行他人作品都属于侵权行为。
知识产权法知识产权涉及到商标、专利和工业设计等方面。
以下是一些与知识产权法相关的英语法律知识点：1. Trademark（商标）商标用于识别来源于特定企业的商品或服务，它可以是标志、名称、声音或颜色等。
2. Patent（专利）专利授予发明者对其发明的独特权利，确保其在一段时间内独占市场。
3. Industrial design（工业设计）工业设计保护产品的外观，使其不被未经许可的抄袭。
法律英语合同范本(汇总6篇)
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文档下载后可定制修改，请根据实际需要进行调整和使用，谢谢!并且，本店铺为大家提供各种类型的经典范文，如工作总结、工作计划、合同协议、条据书信、讲话致辞、规章制度、策划方案、句子大全、教学资料、其他范文等等，想了解不同范文格式和写法，敬请关注!Download tips: This document is carefully compiled by this editor. I hope that after you download it, it can help you solve practical problems. The document can be customized and modified after downloading, please adjust and use it according to actual needs, thank you!Moreover, our store provides various types of classic sample texts for everyone, such as work summaries, work plans, contract agreements, document letters, speeches, rules and regulations, planning plans, sentence summaries, teaching materials, other sample texts, etc. If you want to learn about different sample formats and writing methods, please pay attention!法律英语合同范本(汇总6篇)法律英语合同范本第1篇•Party 合同当事方•Made /entered 订立合同•By and between/among 在…之间•Under the law of 依照…法律•domicile住所地•place of business营业地•legal address 法定住址•principal office 主营业所（或公司总部）•registered office 注册地•Whereas 鉴于•Agree as follows 同意缔约如下•arising from 产生于•in connection with 与…有关•friendly negotiation 友好协商•submitted to 提交至•in accordance with 根据•Arbitration Rules and the Procedure 仲裁规则和程序•final and binding 终局的和有约束力的•shall be borne 由…承担•the losing party 败诉方•fulfill the arbitration award 履行仲裁裁决•continuously eXecuted 继续履行公司类AOA：Article of Association公司章程AOI: Article of Incorporation组织章程Company Constitution公司章程Bylaws公司章程或规章制度，Charter公司的宪章性·文件BR: Broad Resolution决议Minutes会议的记录Business plan 商业计划书交易类Letter of Inquiry 询价函PO purchase order 订单Pro Forma Invoice 形式发票Bill of lading 提单Letter of credit 信用证Power of attorney 授权委托书Bill of lading：提单•Shipper：托运人•Carrier：承运人•Consignee：收货人•Notify party：通知方•Forward Agent：货代•Port of loading：装运港•Port of discharge：卸货港•Clean BoL: 清洁提单Letter of Credit：信用证•In one’s favor：以…为受益人•Sight draft：见单即付•Bills of lading：提单•Marine risk：海商法•Commercial invoice：商业发票•Present：交单•UCP：跟单信用证统一惯例•ICC：国际商会Purchase order：PO 订单•In accordance with：与…一致•With the following terms：按照下列条款•Delivery Date :交货期•Priorto：在…之前•Confirmed：经保兑的•Irrevocable letter of credit：不可撤销信用证•Acknowledgment 确认函Pro Forma Invoice：形式发票•Description：规格•Price Per Unit：单价•Total Price: 总价•Ocean Freight: 海洋运输•The prices quoted: 报价•Payment terms：付款条款•Subject to: 取决于/决定于合同阅读：《鏖战英文合同》王相国《法律英语阅读与翻译教·程》屈文生、石伟《英文合同入门指南》乔焕然词汇书籍：《法律英语核心词汇速记手册》《英汉国际经济法律词汇》《英汉汉英法律用语辩证词典》《法律英语核心术语：实务基础》词典推荐：韦氏法律词典，满足一般的合同、协议法律文件翻译元照英美法词典，中英文，非常适合初学者法律英语合同范本第2篇英语写作（不仅仅是法律英语写作）一共可能传达六种信息：who，when，where，what，how，why.如果你试图在一个句子里把这六种信息同时都传达出来，很可能最后会写出几十个单词的恼人的长句子。
合同词汇大全
合同词汇大全商务合同专业性强，措辞严谨，并且有一套固定的词汇。
下面就让我们一起来看一看。
a long-term contract 长期合同a short-term contract 短期合同a nice fat contract 一个很有利的合同a written contract 书面合同an executor contract 尚待执行的合同breach of contract 违反合同cancellation of contract 撤消合同completion of contract 完成合同contract for future delivery 期货合同contract for goods 订货合同contract for purchase 采购合同contract for service 劳务合同contract law 合同法contract life 合同有效期contract note 买卖合同（证书）contract of arbitration 仲裁合同contract of carriage 运输合同contract of employment 雇佣合同contract of engagement 雇佣合同contract of insurance 保险合同contract of sale 销售合同contract parties 合同当事人contract period (or contract term) 合同期限contract price 合约价格contract provisions/stipulations 合同规定contract sales 订约销售contract terms (or contract clause) 合同条款contract wages 合同工资contract 合同，订立合同contractor 订约人，承包人contractual claim 根据合同的债权contractual damage 合同引起的损害contractual dispute 合同上的争议contractual guarantee 合同规定的担保contractual income 合同收入contractual liability/obligation 合同规定的义务contractual practice/usage 合同惯例contractual specifications 合同规定contractual terms & conditions 合同条款和条件contractual 合同的，契约的contractual-joint-venture 合作经营，契约式联合经营copies of the contract 合同副本execution of contract 履行合同expiration of contract 合同期满interpretation of contract 解释合同originals of the contract 合同正本performance of contract 履行合同renewal of contract 合同的续订to abide by the contract 遵守合同to alter the contract 修改合同to approve the contract 审批合同to be laid down in the contract 在合同中列明to be legally binding 受法律约束to be stipulated in the contract 在合同中予以规定to break the contract 毁约to bring a contract into effect 使合同生效to cancel the contract 撤消合同to carry out a contract 执行合同to cease to be in effect/force 失效to come into effect 生效to countersign a contract 会签合同to draft a contract 起草合同to draw up a contract 拟订合同to enter into a contract 订合同to execute/implement/fulfill/perform a contract 执行合同to get a contract 得到合同to go (enter)into force 生效to honor the contract 重合同to land a contract 得到（拥有）合同to make a contract 签订合同to make some concession 做某些让步to place a contract 订合同to repeat a contract 重复合同to secure one's agreement 征得……的同意to ship a contract 装运合同的货物to sign a contract 签合同to stand by 遵守to tear up the contract 撕毁合同to terminate the contract 解除合同英文合同的词汇特征摘要：英文合同的词汇具有准确、严谨、正式、庄重、保守及规范等特点，具体体现在情态动词、古体词、外来词、同义词、成对词、书面语词汇以及具有特定含义的常用词的使用。
合同英语怎么说
合同英语怎么说Contract English refers to the use of English language and terminology in legal agreements, contracts, and other legal documents. It is important to use clear and precise language in contract English to avoid ambiguity and misunderstandings. Below is a 1000-word sample text on contract English:Sample Contract English Text (1000 words)Parties:This agreement is made and entered into by and between Party A, a company registered under the laws of [country], with its principal office located at [address], and Party B, an individual residing at [address].Background:Party A is engaged in the business of [describe business activity], whereas Party B is interested in availing the services offered by Party A.Agreement:1. Scope of Work:Party A agrees to provide the following services to Party B: [describe services in detail], in accordance with the terms and conditions set forth in this agreement.2. Term:This agreement shall remain in force for a period of [number] years, starting from the effective date, unless terminated earlier as per the termination clause.3. Responsibilities of Party A:Party A shall undertake the following responsibilities:a) Provide the agreed-upon services to the best of its abilities.b) Ensure that the services are performed in a professional and timely manner.c) Comply with all applicable laws and regulations while providing the services.d) Maintain confidentiality regarding any sensitive information shared by Party B.4. Responsibilities of Party B:Party B shall undertake the following responsibilities:a) Provide all necessary information and materials required by Party A to perform the services.b) Cooperate with Party A during the provision of services.c) Make timely payments as per the payment terms specified in this agreement.5. Payment Terms:a) Party B agrees to pay Party A a total fee of [amount] for the services rendered.b) The payment shall be made in [currency] within [number] days from the date of invoice.c) Late payment shall accrue interest at the rate of [interest rate] per month.6. Confidentiality:Both parties acknowledge that during the course of this agreement, they may have access to confidential information of the other party. They agree to keep such information confidential and not disclose it to any third party without prior written consent.7. Intellectual Property:All intellectual property rights arising out of or in connection with the services provided under this agreement shall remain the property of Party A unless otherwise specified.8. Termination:Either party may terminate this agreement by providing written notice to the other party [number] days in advance. In case of termination, Party B shall pay Party A for any additional expenses incurred due to the termination.9. Governing Law and Jurisdiction:This agreement shall be governed by and construed in accordance with the laws of [country]. Any disputes arising out of or in connection with this agreement shall be resolved by the courts of [city, state, country].10. Entire Agreement:This agreement constitutes the entire understanding and agreement between the parties, supersedes any prior discussions, negotiations, or agreements, whether oral or written, and may only be modified in writing by both parties.In witness whereof, the parties have executed this agreement as ofthe date first mentioned above. [Signature block for Party A] [Signature block for Party B]。
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SUBJECT: CONTRACTS; ENTERPRISES WITH FOREIGN INVESTMENT ISSUING-DEPT: NATIONAL PEOPLE'S CONGRESS ISSUE-DATE: 03/15/1999 IMPLEMENT-DATE: 10/01/1999 LENGTH: 807 words TEXT: GENERAL PRINCIPLES
Chapter One General Provisions Article 1 Purpose This Law is formulated in order to protect the lawful rights and interests of contract parties, to safeguard social and economic order, and to promote socialist modernization.
Article 2 Definition of Contract; Exclusions For purposes of this Law, a contract is an agreement between natural persons, legal persons or other organizations with equal standing, for the purpose of establishing, altering, or discharging a relationship of civil rights and obligations. An agreement concerning any personal relationship such as marriage, adoption, guardianship, etc. shall be governed by other applicable laws.
Article 3 Equal Standing of Parties Contract parties enjoy equal legal standing and neither party may impose its will on the other party.
Article 4 Right to Enter into Contract Voluntarily A party is entitled to enter into a contract voluntarily under the law, and no entity or individual may unlawfully interfere with such right.
Article 5 Fairness The parties shall abide by the principle of fairness in prescribing their respective rights and obligations.
Article 6 Good Faith The parties shall abide by the principle of good faith in exercising their rights and performing their obligations. Article 7 Legality In concluding or performing a contract, the parties shall abide by the relevant laws and administrative regulations, as well as observe social ethics, and may not disrupt social and economic order or harm the public interests.
Article 8 Binding Effect; Legal Protection A lawfully formed contract is legally binding on the parties. The parties shall perform their respective obligations in accordance with the contract, and neither party may arbitrarily amend or terminate the contract. A lawfully formed contract is protected by law.
Chapter Two Formation of Contracts Article 9 Capacity; Contract through Agent In entering into a contract, the parties shall have the appropriate capacities for civil rights and civil acts. A party may appoint an agent to enter into a contract on its behalf under the law.
Article 10 Forms of Contract; Writing Requirement A contract may be made in a writing, in an oral conversation, as well as in any other form. A contract shall be in writing if a relevant law or administrative regulation so requires. A contract shall be in writing if the parties have so agreed.
Article 11 Definition of Writing A writing means a memorandum of contract, letter or electronic message (including telegram, telex, facsimile, electronic data exchange and electronic mail), etc. which is capable of expressing its contents in a tangible form.
Article 12 Terms of Contract The terms of a contract shall be prescribed by the parties, and generally include the following: (i) names of the parties and the domiciles thereof; (ii) subject matter; (iii) quantity; (iv) quality; (v) price or remuneration; (vi) time, place and method of performance; (vii) liabilities for breach of contract; (viii) method of dispute resolution. The parties may enter into a contract by referencing a model contract for the relevant contract category.
Article 13 Offer-Acceptance A contract is concluded by the exchange of an offer and an acceptance. Article 14 Definition of Offer An offer is a party's manifestation of intention to enter into a contract with the other party, which shall comply with the following: (i) Its terms are specific and definite; (ii) It indicates that upon acceptance by the offeree, the offeror will be bound thereby.
Article 15 Invitation to Offer An invitation to offer is a party's manifestation of intention to invite the other party to make an offer thereto. A delivered price list, announcement of auction, call for tender, prospectus, or commercial advertisement, etc. is an invitation to offer. A commercial advertisement is deemed an offer if its contents meet the requirements of an offer.
Article 16 Effectiveness of Offer, Offer through Electronic Message An offer becomes effective when it reaches the offeree. When a contract is concluded by the exchange of electronic messages, if the recipient of an electronic message has designated a specific system to receive it, the time when the electronic message enters into such specific system is deemed its time of arrival; if no specific system has been designated, the time when the electronic message first enters into any of the recipient's systems is deemed its time of arrival.