《国际贸易法律实务试题》由会员分享，可在线阅读，更多相关《国际贸易法律实务试题（7页珍藏版）》请在金锄头文库上搜索。
1、名词解释1、 offer and acceptanceOffer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. An offer is an indication by one person to another of their willingness to contract on certain terms without further negotiations. A c
2、ontract is then formed if there is express or implied agreement. A contract is said to come into existence when acceptance of an offer has been communicated to the offeror by the offeree.An offer is an expression of willingness to contract on certain terms, made with the intention that it shall beco
3、me binding as soon as it is accepted by the person to whom it is addressed, the offeree.The expression referred to in the definition may take different forms, such as a letter, newspaper, fax, email and even conduct, as long as it communicates the basis on which the offeror is prepared to contract.T
4、he intention referred to in the definition is objectively judged by the courts. Acceptance is a final and unqualified expression of assent to the terms of an offer.Alternatively, an offer consisting of a promise to pay someone if the latter performs certain acts which the latter would not otherwise
5、do (such as paint a house) may be accepted by the requested conduct instead of a promise to do the act. The performance of the requested act indicates objectively the partys assent to the terms of the offer. 2、 信用证3、 特别提款权4、 独占许可5、 国际特许专营International FranchisingThe U.S. has experienced an explosion
6、 in business format franchising in the last two decades.the most efficient business model for distributing goods and services and the very advanced U.S. free market economy rewards efficiency above all. Essentially franchising is a very specific method or way of distributing goods and services.It ha
7、s been around in one form or another since man first began to engage in commercial enterprise. It has evolved from a simple grant of a right or privilege in the middle ages to the sophisticated business format franchise concept of todayModern day franchising is primarily in the business format mode.
8、 This type franchising not only grants the right to use the name and sell the products or services of the franchiser but it also involves the transfer of the total way of doing business that has been developed by the franchiser6、 市场经济国家Market Economy Nations7、 仲裁ArbitrationThe essence of arbitration
9、 is that it is an agreement between two or more parties to try to resolve a dispute outside of the court system. The parties agree upon a third party as an arbitrator who will act as a judge and jury. After giving the parties the opportunity to present their side of the story and to present any rele
10、vant documents or other evidence, the arbitrator will act as King Solomon to decide who wins and who loses.Arbitration Awardbinding arbitration generally means that the winning party can take an arbitration award to a court of law and enforce it if the losing party does not comply with the terms of
11、the decision. Non-binding arbitration refers to a situation where the parties agree to use arbitration as a forum to try to resolve their differences, but neither party is bound to comply with any decision by the arbitrator. 简答1、 rules of acceptanceAcceptance is a final and unqualified expression of
12、 assent to the terms of an offer.Alternatively, an offer consisting of a promise to pay someone if the latter performs certain acts which the latter would not otherwise do (such as paint a house) may be accepted by the requested conduct instead of a promise to do the act. The performance of the requ
13、ested act indicates objectively the partys assent to the terms of the offer. Communication of acceptance.There are several rules dealing with the communication of acceptance:The acceptance must be communicated: Depending on the construction of the contract, the acceptance may not have to come until
14、the notification of the performance of the conditions in the offer. but nonetheless the acceptance must be communicated. Prior to acceptance, an offer may be withdrawn. An offer can only be accepted by the offeree, that is, the person to whom the offer is made. An offeree is not bound if another per
15、son accepts the offer on his behalf without his authorisation: It may be implied from the construction of the contract that the offeror has dispensed with the requirement of communication of acceptance. If the offer specifies a method of acceptance , you must accept it using a method that is no less
16、 effective than the method specified. Silence cannot be construed as acceptance: 2、 cisg适用范围The United Nations Convention on Contracts for the International Sale of Goods(the “CISG”) is one of the documents produced through the diplomatic efforts of the United Nations Commission on International Trade Law (“UNCITRAL”).The
