Key Issues in Business Contract商务英语毕业论文.doc

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1、题 目 ： 商务合同中的关键问题 ContentsAbstract in Chinese .iAbstract in English .iiI. Introduction 1II. What is a contract?2 The classification of the contract 23.1 Oral Contract vs. Written Contract23. 2 Sales contract vs. purchase contract33.3 Express Contract vs. Implied Contrac t3some important aspects about

2、 contract 44.1 Date and Place of the Agreement and Name of the Parties44.2 Recitals44.3 Definitions44.4 Description of work54.5 The price or fee54.6 Payment arrangement 64.7 Letter of Credit，LC 74.8 Contract Dispute84.9 Force majeure clause104.10 The validity of the contract 114.11 Contract law12 Co

3、nclusion12Bibliography13商务合同中的关键问题 摘要：合同对于现代社会的商务交易具有十分重要的作用，它是保护交易双方利益的重要凭证，同时也是双方合作的有效手段。怎样才能写出一份合理、有效的合同呢？了解商务合同中的关键问题可以使交易双方的商务交易更顺利有效地进行。下面我会为大家介绍一下有关合同的一些重要问题：合同的定义、分类以及与合同相关联的几个重要的方面。关键词：合同的定义；合同的分类；有关合同的几个关键问题Key Issues in Business Contract【Abstract】Contracts for the business transactions of

4、 modern society a very important role, it is to protect the interests of the major parties to the transaction documents, but also an effective means of cooperation between the two sides. How can we write a reasonable and effective contract? Business understanding of the key issues in the contract al

5、lows parties to the transaction of business transactions more smooth and effective manner. Now I will brief you about the contract a number of important issues: the definition often contract, classification,contracts associated with several important aspects.【Key Words】The definition of the contract

6、; The classification of the contract Key Issues in Business ContractI. Introduction Contract, which is an agreement, the principal of equality is as natural persons, legal persons and other organizations to establish, change, termination of the civil rights and obligations of the agreement, consensu

7、al. Contract as a civil law, the parties are the product of consensus, meaning that two or more in line with the agreement. Only the parties made by legitimate means that the contract was legally binding. In accordance with the law setting up the contract from the date of the establishment of a lega

8、lly binding.Contract as a legal concept, a broad and narrow the points of the contract is mentioned here refers to the Contract Law adjustment of the contract, the law has the following characteristics: (l) the contract is more than two equal legal status of the party that Unanimous agreement, (2) t

9、he contract to generate, change or terminate the relationship for the purpose of debt claims, (3) The contract is a civil legal act. What Is a Contract?A contract is a voluntary undertaking between or among people and organization that creates a relationship in which one or more of the parties to th

10、e contract promise to do something, or not do something.Unlike some other business documents,technical language (legal vocabulary and concepts) that forms such a contractual relationship often obscures our real life experience with and common sense understanding of contract. With every word, phrase

11、and sentence carrying the potential for winning or losing, the stakes are high. Simple logic, therefore, directs us to cautious and thoughtful contract writing or development. Contracts are used in commercial and industrial situations for two primary purposes:(1) to create a work relationship with y

12、our business partner based on the recordings of the terms of the agreement between reached.(2) to protect the legitimate interests of those contracting parties. The classification of the contract 3.1 Oral Contract vs. Written ContractA contract can be an oral agreement with nothing written down. A w

13、ritten contract is generally prepared and signed as proof of the agreement and as the basis for its education. A legitimate contract can be either in written or oral form. But it is usually better to have the details of an agreement and any variation in writing so both parties have a record of that

14、have been agreed and are aware of what they are obliged to do, particularly when money is involved. Putting an agreement in writing serves several goals. Firstly, a written contract provides an indisputable, although not necessarily unambiguous, record of the agreement. The law gives great weight to

15、 written and signed documents. Second, the process of committing an agreement to writing forces both parties to be clearer about the agreement. Reaching a meeting of the minds at the contract stage reduces legitimate disagreements later about what each party is supposed to do. Third, whether you are

16、 marking a purchase or offering to provide goods or services, a written contract can protect your interests.3. 2 Sales contract vs. purchase contractWhen the contract is made by seller, it is called a sales contract and when made by the buyer, a purchase contract.A sales or purchase confirmation is

17、less drtailed than a contract ,covering only the essential terms of the transaction. It is usually usually used for smaller deals or between familiar trade partners. 3.3 Express Contract vs. Implied ContractA contract can be either an express contract or an implied contract. An express contract is o

18、ne in which the terms are expressed verbally, either orally or in writing in words.An implied contract can either be implied in facts or implied in law. A contract which is implied in fact is one in which the circumstances imply that parties have reached an agreement even though they have not done s

19、o expressly. For example, by example, by going to a doctor for a physical, a patient agrees that he will pay a fair price for the service. If he refuses to pay after being examined, he has breached a contract implied in fact.A contract which is implied in law is also called a quasi-contract, because

20、 it is not in fact a contract; rather, it is a means for the counts to remedy situation is which one party would be unjustly enriched were he or she not required to compensate the other. For example, an unconscious patient treated by a doctor at the scene of an accident has not agreed to pay the doc

21、tor for emergency services, but the patient would be unjustly enriched by the doctors services were patient not required to compensate the doctor.Of course, there are many other kinds of contract. The upper ones are very important. Some important aspects about contract Understanding some important a

22、spects of a contract offers you general reference to your contract processing. Boilerplate language is common in contract . This language is per se valid because these contracts are used over and over in the same transaction and are rarely modified by either party. unless the terms of the contract a

23、re unconscionable and the average person would found them unreasonable, a boilerplate contract will be upheld.4.1 Date and Place of the Agreement and Name of the PartiesA written contract begins with the date and the place of the agreement and names of parties involved. A contract mistake is not to

24、include the place. It is not in case there is a dispute regarding the jurisdiction.4.2 RecitalsParties to a written agreement will often be served by a brief Statement of facts in the agreement that provide background and context for the agreement and that suggest or state the purpose of the agreeme

25、nt. Most contracts drafted in Chinese lack this section. Omission of this part may cause a different interpretation of under what background and context this agreement is reached.This statement in an English version, often referred to as “ RECITALS” can provide a useful tool to help resolve later di

26、spute about interpretation of the contract.Not all formal agreements need to include this section, but it is advisable to use this tool in the joint venture agreements or if a large sum of money is involved. Recitals are always legally enforceable, so significant contract terms should always be repe

27、ated in the body of the contract after words such as “the parties agree as follows”.4.3 DefinitionsThe contract is a contract between the parties under certain conditions agreed on the text of the incident records, as long as there is no violation of the law, not self-contradictory provisions of the

28、 contract, the two sides entered into a voluntary, not hurt the interests of a third person, a contract of Chu Rangfang On the subject of a disposition, the conclusion of the contract for one or both did not deceive the purpose of the contract is effective, legally protected. Contract, which is an a

29、greement, the principal of equality is as natural persons, legal persons and other organizations to establish, change, termination of the civil rights and obligations of the agreement, consensual. Contract as a civil law, the parties are the product of consensus, meaning that two or more in line wit

30、h the agreement. Only the parties made by legitimate means that the contract was legally binding. In accordance with the law setting up the contract from the date of the establishment of a legally binding.4.4 Description of workThrough consultations and the signing of the contract is in the form of

31、an exchange, the aim is to establish good cooperation relations between the two sides, but also to prevent the occurrence of disputesHow can we correct and effective manner in the contract related to the establishment of the job description: First, you need to consult with each other a good deal on

32、the price of goods and payment arrangements. You have to remember is that regardless of the contract, in particular, contains some technical provisions of the contract, some of these inappropriate statements likely to cause conflict. Second, in your signature, you must be in the contract some of the

33、 legal point of view and let you re-Kan Yibian lawyer.4.5 The price or feeFirstly, the price provisions of the contract in terms of price, the price of goods generally include two basic content and value, as determined price and the price of options and price discounts and commissions related to the

34、 use of the terms of the prices are also content. The price of goods is usually composed of four parts, including units of measurement (such as tonnes), the amount of the unit price (for example, 200), denominated in the currency (U.S. dollar) and the trade terms (such as the CIF London). In terms o

35、f prices may provide that: 200 U.S. dollars per tonne, CIF London (USD200 per M / T CIF London). GDP refers to the number of goods were priced with the product, a deal that is the total amount of money. Source: Second, the price terms of the provisions of Attention .In order to make clear provisions

36、 of the prices reasonable, we must note the following: 1) Rationally determine the price of goods to prevent the price is high or low. 2) Operate in accordance with intentions and the actual situation, weighing the pros and cons on the basis of selection of appropriate trade terms. 3) Option for fav

37、orable currency-denominated, so as not to suffer the risks associated with changes in market value, such as the use of adverse currency denominated, provisions should be added to hedge against inflation. 4) Flexibility in the use of a variety of price options to avoid the risk of price changes. 5) R

38、eference to international trade practice, the attention of the commission and the rational use of discounts. 6) Such as the delivery quality and quantity of a certain agreed rate of mobility, the mobility part of the price should also be provided. 7) Such as packaging materials and packaging costs a

39、ccounted for separately, their pricing approach should also be provided. 8) Priced in the units of measurement, denominated in the currency, handling and name, must be written correctly, clearly, to facilitate the implementation of the contract.4.6 payment arrangement4.6.1 in accordance with the gen

40、eral procurement of products of different suppliers of different payment methods may be different, so production continued to be the general procurement is the monthly billing, procurement orders directly to the manufacturers, the manufacturers arrive, each end of a settlement costs 4.6.2 if the con

41、tract for the sale of products directly, if the choice of suppliers in the industry is hegemony, procurement is small, the demand side, the timely procurement, signed a slightly potential, will give potential suppliers to pay 90 percent of the, The other side before shipment 4.6.3 or procurement, pr

42、ocurement of products is common products, such as the two sides will be equal to the two sides, such contracts may be prepaid payment part, after the arrival to pay a large part, this is the general pattern. If cooperation is long-standing reputation of high, you can arrive first, then pay the full,

43、 can also be a large part of the down payment, to arrive and then pay the small part of. 4.6.4 if both sides are wrong, such as procurement, do not pay any of the need to require suppliers to arrive this is the case there are mainly suppliers of the registered capital of lack of strength, credibilit

44、y can not guarantee that, and in a weak position so must accept the pay Of the way.4.7 Letter of Credit，LCLC (Letter of Credit, L / C), is a customer by the bank in accordance with the requirements and instructions to open the conditional promise of payment of a written document. Letters of credit i

45、n international trade is the most important, the most commonly used methods of payment.Receipt and payment of letters of credit means the general procedures (1) issuing the applicant under the contract and filled out a licence application to pay a deposit or other guarantee, please visit issuing a p

46、ermit. (2) a line under the permit applications, letters of credit issued to the beneficiaries and sent to the location of the export notification line. (3) notice to check chop correct, it will pay letter of credit beneficiaries. (4) and the contents of the letter of credit beneficiaries audit in l

47、ine with the terms of the contract, letters of credit provided by the shipment of goods, ready to open documents and bills of exchange, letters of credit in the period, sending negotiating bank negotiation. (5) negotiating bank letters of credit terms by audit documents are correct, the loan disbursements to t