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1、国际货物买卖与支付法Law of International Sales and Finance教学大纲莫世健教授编写中国政法大学国际法学院2007年1月前言本课程为双语课程。英文授课，并使用英文原版教材。在必要时，授课老师将根据需要用中文进行辅助说明。一、 课程性质：选修课，向全校所有具有基本的英文实用水平，且愿意攻读此课程的本科生或其他符合学校设立的选课条件学生开放。二、 预选课程：选修本课前，不需要选择其他预选课程。三、 学习目的：1 学习掌握国际货物买卖的主要方式和主要法律规则；2 学习掌握国际货物买卖的主要支付方式和相关法律规则；3 了解国际贸易术语（Incoterms）主要规则；4
2、 学习掌握联合国国际货物销售合同公约主要规则；5 学习和掌握UCP500规定的信用证使用规则；6 学会用比较方法研究联合国国际货物销售合同公约和中国合同法相关规则之间的异同；7 能够用学过的知识解决国际货物买卖和支付实际法律问题；8 提高国际经济法专业英语的实用能力。四、 教科书：莫世健 国际商法（International Commercial Law）,法制出版社和LexisNexis联合出版，2004年, 本提纲简称为Textbook。五、 课时：共36课时，每周2个课时。六、 考核方式： 100%期末考试，开卷。Chapter One: Introduction to law of i
3、nternational sales and finance1. An Overview This Chapter provides a brief introduction to law of international sales and finance. The law of international sales and finance is a special part of what is regarded as international commercial law or international economic law, although “international c
4、ommercial law” and “international economic law” are not the same concept. See the Textbook, p 1.In broad terms, the law of international sales and fianc, as a special subject of study, deals with legal issues arising from international sale of goods, including the issues relating to the payment of c
5、ontract price. Although payment of contract price is a necessary part of a contract of sale, the law governing payment aspect is different from the law applicable to the contract of sale itself. Therefore, there is a need to study the law on sales contract and law on the payment of contract price se
6、parately. This is why this subject is known as “Law of International Sales and Finance”. 2. Basic Concepts and Terms1) Why are the basic issues important?There are a number of basic and preliminary issues which are crucial for studying the subject of international sales and finance, such as the conc
7、ept of international sales and finance, the sources of the law governing international sales and finance, and the special features of international sales and finance. These issues are basic and preliminary because one has to understand them well before one can really understands the law of internati
8、onal sales and finance. 2) Concept of law of international sales The term “law of international sales” refers to a body of international treaties, domestic law, commercial customs and practices which governs contracts for the international sale of goods. See the Textbook, p 1. In order to understand
9、 the concept adequately, it is necessary to point out that “sale” or “sales” refers to sale of goods only. Accordingly, the law on sale or supply of services is excluded from this subject of study. See the Textbook, p 3. 3) Concept of finance The term “finance” is used in a broad sense, referring to
10、 the payment aspect of international sales. The term “finance” is used because most means of payment involve “financing”. That is to say the payment arrangement itself is also a form of financing for the buyer who has an obligation to pay under a contract of sale and a finance provider which may be
11、a bank or a financial institution. 4) Sources of law of international sales and finance International treaties, such as the United Nations Convention for the International Sale of Goods, (CISG); See the Textbook, p 4. Domestic laws, such as the Sale of Goods Act in common law jurisdictions, and the
12、Contract Law of China; See the Textbook, p 6. Commercial customs, such as Incoterms, and UCP500. See the Textbook, p 6. 5) Complexity of the legal issues arising from international sales The same issue may be governed by different laws, thus conflict of laws or international private law is always on
13、e of essential issues concerning international sales. Whether or not a particular convention should apply must be determined according to the rules of the convention concerned. There is always a need to balance a formal law, such as a treaty or a domestic law, and a custom, and thus knowing the rule
14、s for the operation of customs is essential.Case study: Kay Minge v J W Oak Furniture Imports Ltd and William Heinhuis, decided 26 February 1998, Supreme Court of British ColumbiaFacts: The plaintiff was an antique collector in Norway. The defendants were from Canada. The parties agreed that in 1996
15、 they entered into a contract for the sale of a 1932 Chrysler Imperial Le Baron Roadster by the defendants to the plaintiff for a price of US$124,800. But the defendants argued that the contract of sale also included the sale of a 1976 John Deere Crawler Loader Tractor Model 450 for a price of US$50
16、,000. The plaintiff, who had paid US$124,800 to the defendants, denied the purchase of the tractor. The plaintiff asked the court to order the defendants to deliver up the car to him pending the trial in pursuance of rule46 of the court. The defendants contended that such an order would deprive them of their right under the Sale of Goods Act of Can
