Tiếng anh chuyên ngành 2 FTU CHAPTER 4 APPLICABLE LAW

CONTRACT OR NO CONTRACT ENTIRE AGREEMENT... STEP 2 CONTRACT OR NO CONTRACT CONTRACT must give both sides rights and duties CONTRACT must not have illegal purposes contract”... STEP 3E

Hello , we areNhat Anh, Trang

Ha,

Duc Minh and Tien

Nice to

meet you!

I N T R O D U C I N G CHAPTER 4:

LEGAL 101

For export contract

OPENING

P R O M I S I N

Useful Fun

OPENING

W H Y have to remember?

W H A T

OPENING

RULES THE GAME.

OPENING

to WIN , to BENEFIT , to

EARN

for YOURSELVES

OPENING

CONTRACT OR

NO CONTRACT

ENTIRE AGREEMENT

SETTLEMENT

OF DISPUTES

3 3

2 2

APPLICABLE

LAW

1

1

STEP 1 CHOOSING APPLICABLE LAW

6 GENERAL STEPS

STEP 2

CONTRACT OR NO CONTRACT

CONTRACT must give both sides rights and

duties

CONTRACT must not have illegal purposes

contract”

ENTIRE AGREEMENT

6 GENERAL STEPS

STEP 3

ENTIRE AGREEMENT

What if?

STEP 3

ENTIRE AGREEMENT

When the contract is signed, all

documents that predate the

contract become invalid

THE PARTIES

6 GENERAL STEPS

STEP 4

THE PARTIES

What to clarify?

What to mistake?

STEP 4

THE PARTIES

THE OFFICIAL NAMES OF THE PARTIES

HERE-IN-AFTER CALLED WORDS

COMPANY EXISTANCE

AUTHENTICITY OF SIGNATURE

UNDERCAPTALIZED SUBSIDIARIES

STEP 5

STATUS OF THE CONTRACT

Lifetime of a contract? Language of contract?

STEP 5 STATUS OF THE

CONTRACT

Lifetime of a contract

DISCHARGED (kết thúc) by performance – end

after fully performed

TERMINATION (chấm dứt) – end under given

circumstances

CANCELLATION (hủy bỏ) – end because of breach by the other

RESCISSION (thủ tiêu) – end when parties agree to

FRUSTRATION & IMPOSSIBILITY (thất bại và mất khả

năng)

- end when one side cannot complying with the terms

STEP 5 STATUS OF THE

CONTRACT

Language of contract

SPECIFIED

STEP 6

SETTLEMENT OF DISPUTES

What if not?

How many?

How?

STEP 6

SETTLEMENT OF DISPUTES

Time and Money

CONSUMING

STEP 6

SETTLEMENT OF DISPUTE

ARBITRATION (trọng tài)

LITIGATION (sự kiện tụng)

AMICABLE SETTLEMENT & CONCILIATION

( sự hòa giải và giải quyết hữu hảo)

APPLICABLE LAW

MORE DETAILED

HISTORICAL ORIGINS

INTERNATIONAL ACCEPTANCELENGTH AND DETAIL OF CONTRACT

PREDICTABILITY AND CONSISTENCY

HISTORICAL ORIGINS

ASPECT 1

A

C

THE DEGREE OF CODIFICATION

Relies on cases and precedents

Fully codified

ASPECT 2

A

C

ROLES OF LAWYERS AND JUDGES

Bring charges, establish facts through witness examination and apply remedies

Lawyers make presentations to the judge

(or jury) and examine witnesses themselves

ASPECT 3

A

C

Justice in individual case

Consistency and uniformity of enforcement

ASPECT 4

A

C

ASPECTS 5

ASPECTS 5

LENGTH AND DETAIL OF

ASPECTS 5

INTERNATIONAL ACCEPTANCE

Refined over centuries Cope with issues in international trade Widely understood and respected

Do not have the prestige of in international practice

National rather than international

ASPECT 7

A

C

A

ASPECTS 5

France Spain

8 6

WHAT ELSE?

THE VIENNA SALES CONVENTION

STEP 1

THE VIENNA SALES CONVENTION

STEP 1

1

Development process

1980

1964 - ConventionsThe Hague

- The United Nations Convention

THE VIENNA SALES CONVENTION

THE VIENNA SALES CONVENTION

“This contract and all questions concerning its

validity, interpretation and performance shall be governed by the law of Republic of Verbena

This contract shall not include, incorporate or

be subject to the provisions of the Vienna Sales Convention

Here is what they say:

”

THE VIENNA SALES CONVENTION

Applying process Contract does not specifiedan applicable law

Any country that ratifies it

Which way?

It

depends!

THE LAWYER

PROBLEM

Suggests 3 possibilities

-QUITE HARD?!

We are sorry, it is quite hard for us too.

THE LEGAL FRAMEWOR

THERE IS STILL ONE MORE

THING

AND WE CALL IT…

RULE S

GAMESHOW

1/6

GAMESHOW

POOR YOU!

2/6

GAMESHOW

POOR YOU!

3/6

GAMESHOW

NOT BAD!

4/6

GAMESHOW

GOOD!

5/6

GAMESHOW

THAT’S GREAT!

TURN 2

GAMESHOW

1/6

GAMESHOW

POOR YOU!

2/6

GAMESHOW

POOR YOU!

3/6

GAMESHOW

NOT BAD!

4/6

GAMESHOW

GOOD!

5/6

GAMESHOW

THAT’S GREAT!

GAME OVER

Again , we are

Nhat Anh, Trang

Ha,

Duc Minh and Tien

THANK YOU

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