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    Unit 7

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    The document discusses international conventions and practices related to international commercial contracts. It provides an overview of key international conventions including the United Nations Convention on International Sales Contracts of Goods and INCOTERMS 2000. The document also discusses how international conventions can be applied when parties agree their contracts are governed by such conventions or general principles of international law.

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    Unit 7

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    17 views15 pages
    The document discusses international conventions and practices related to international commercial contracts. It provides an overview of key international conventions including the United Nations Convention on International Sales Contracts of Goods and INCOTERMS 2000. The document also discusses how international conventions can be applied when parties agree their contracts are governed by such conventions or general principles of international law.

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    UNIT 7

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    The document discusses international conventions and practices related to international commercial contracts. It provides an overview of key international conventions including the United Nations Convention on International Sales Contracts of Goods and INCOTERMS 2000. The document also discusses how international conventions can be applied when parties agree their contracts are governed by such conventions or general principles of international law.

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    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    17 views15 pages

    Unit 7

    Uploaded by

    Quỳnh Như
    The document discusses international conventions and practices related to international commercial contracts. It provides an overview of key international conventions including the United Nations Convention on International Sales Contracts of Goods and INCOTERMS 2000. The document also discusses how international conventions can be applied when parties agree their contracts are governed by such conventions or general principles of international law.

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    UNIT 7

    REFERENCING INTERNATIONAL CONVENTIONS AND


    PRACTICE
    THAM KHẢO CÁC CÔNG ƯỚC VÀ THÔNG LỆ QUỐC TẾ
    TOPICAL HIGHLIGHTS
    A. Brief Introduction to International Conventions & Practices
    B. Application of International Conventions (Công ước)
    C. Application of International Practices (Thông lệ)
    Because of differences in social, legal and political systems,
    countries have signed international conventions, which are
    only valid for the signatories; however, how effective these
    international conventions are depends on the size of the
    organizations, with or without the participation and ratification
    of governments.
    International conventions are treaties or agreements between
    countries. "International convention" is often used
    interchangeably with terms like "international treaty,"
    "international agreement," "compact,“ "contract, or pact
    between /among states.“
    Conventions may be of a general or specific nature and
    between two or multiple states. Conventions between two states
    are called bilateral treaties; conventions between /among a
    small number of states (but more than two) are called
    plurilateral treaties; conventions between a large number of
    states are called multilateral treaties.
    CÁC CÔNG ƯỚC & THÔNG LỆ CHỦ YẾU
    Công Ước Của Liên Hiệp Quốc Về Mua Bán Quốc Tế
    Hợp đồng mua bán không cần phải chứng thực bằng văn bản,
    về hình thức (của hợp đồng) cũng không chịu bất kỳ sự giới
    hạn nào, có thể dùng mọi hình thức để chứng nhận hợp đồng
    kể cả dùng nhân chứng.
    (1)MAIN INTERNATIONAL CONVENTIONS AND
    PRACTICE

    United Nations Convention on International Sales Contracts of


    Goods

    Article 11: “A contract of sales needs to be neither concluded in/


    evidenced in written forms nor subjected to any other
    requirements/ limits. In stead, it may be proved by any means,
    including witnesses.
    Article 11: “It is necessary to make a contract of sales
    neither evidenced in written forms nor confined to any
    requirements or limits of forms, but proved by any
    means, including witnesses
    (2) INCOTERMS 2,000

    - International rules for the Interpretation of Trade


    Terms
    - (Quy tắc quốc tế về các Thuật ngữ Thương mại)

    Eg. Price terms & Delivery terms

    Including 13 trade terms of current uses


    Three basic documents explaining the terms of International Trade

    a. Warsaw-Oxford Rules

    b. Revised American Foreign Trade Definition and Interpretation of


    Trade Terms

    c. International Rules for the Interpretation of Trade Terms


    a. Principles of International Commercial Contracts

    Các Quy Tắc Của Hợp Đồng TMQT

    b. Uniform and Customs Practice for Documentary Credits

    Thông Lệ Thống Nhất Về Tín Dụng Chứng Từ

    c. Hague Rules

    d. The Visby Rules

    e. The Hamburg Rules

    f. New York Convention


    APPLICATION OF INTERNATIONAL
    CONVENTION
    These principles set forth general rules for international
    commercial contracts;
    They shall be applied when the parties have agreed that
    their contracts be governed by them;
    They may be applied when the parties have agreed that their
    contracts be governed by “general principles of law”, the “lex
    mercatoria,” or the like.
    Đề ra: set forth
    Các Nguyên tắc: Principles
    General rules: Quy định chung
    Lex mercatoria: Luật của các thương nhân
    They (the principles) shall provide a solution to an issue/a problem raised
    when it proves impossible to establish the relevant rule of the applicable law.
    They may be used to interpret or supplement international uniform law
    instruments.
    They may serve as a model for national and international legislators.
    Văn kiện luật thống nhất quốc tế
    Hình mẫu
    Law makers = legislators = các nhà làm luật
    The End
    - Đọc và làm bài tập
    • [3]: 72-80
    • [5]: 99-109
    - Xem trước nội dung bài sau:
    • [1]: 158-179

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