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The Legal Risk Analysis And Prevention In China’s International Trade In Goods Contracts

Posted on:2015-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:L J FengFull Text:PDF
GTID:2266330428482791Subject:Law
Abstract/Summary:PDF Full Text Request
International trade in goods is different from domestic trade,Due to the characteristics of the transnational,Export trade enterprises face more complex and more diversified market background.Enterprises face all kinds of risk, legal risk is unable to avoid,The international trade in goods of the contract law risk prevention is paramount.In this paper, starting from the perspective of the import and export enterprises in our country,Mainly to the United Nations convention on the international sale of goods as a blueprint,and combined The People’s Republic of China contract method,to aim at a foreign trade business enterprise before the international goods business contract signed and signed in, sign after three parts to analyze, and put forward to homologously guard against strategy.Specifically, the first part of the pre contract legal risk and prevention from the business subject qualification, contractor qualified subjects, two aspects analyze the sign.Second part, the contract signs medium involve of law risk with guard against, from the contract form variety, the written contract item comprehend that two directions carry on analysis, among them, the written contract item comprehend involve invite item and promise item, format item and Liability for negligence in contracting item and main item five aspects.Third part, the contract after signing involves of law risk with guard against, implement from the contract, break contract relieve two directions to carry on analysis. The contract implements involve to hand over list, the goods quality assurance, right guarantee.Break contract succour to involve to relieve contract and escape clause.This paper aims to the focusing on law and practice of international trade,with plenty of practice case to support the overall framework,make the article more directive and practical operability.
Keywords/Search Tags:International trade in goods, The United Nationsconvention on the international sale of goods, The contract law of thePeople’s Republic of China, the legal risk and prevention
PDF Full Text Request
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