国际商法资料名词解释（Interpretation of international commercial law data terms）

1、国际商法资料名词解释（Interpretation of international commercial law data terms）The first chapter is introduction1. International Commercial Law: the sum of the legal norms regulating the relations between international commercial transactions and commercial organizations.2. equity: appeared in Fourteenth Cent

2、ury. It is a further development in the relationship between goods and currency, more complex social relations, the legal relationship between the number of previously not the case, taste supplement and remedy the common law which was directed by the king and the minister the trial of such cases. Th

3、e Privy Council, when handling cases, is not bound by common law, and in accordance with the principles of what is called justice and justice, these judgments form what is called equity.The second chapter, contract law3., offer: one is the intention of the other party, according to certain condition

4、s to enter into a contract with each other, and contains once the offer was promised by the other party, that is, to offer the party to produce an expression of binding.4. commitment: refers to the offeree in accordance with the terms of the offer, agreed to the content of the offer of a means of ex

5、pression.5. price means a certain right, interest, profit or benefit obtained by a Contracting Party, or the other party, who is unable to make a right or suffer a loss or assume an obligation.6. interdiction: that is because of mental illness or because of bibulosity can not handle their own affair

6、s, or because of the danger of a waste of a prodigal, by their relatives to the court request, the court declared the prohibition of the management of property.7. breach of contract means that a party to a contract has not fulfilled its contractual obligations for a certain reason or has not fully f

7、ulfilled its contractual obligations.8., impossibility of payment: refers to the debtor for various reasons, it is impossible to fulfill its obligations of the contract, rather than the possibility of performance of the contract and not to perform.9. payment delay: refers to the debt has been the pe

8、rformance of the term, and is possible to perform, but the debtor failed to fulfill its contractual obligations.10., the prerequisite in Anglo American Contract Law is the precondition that a party first performs some act, or by some event or after a certain period of time, as the other partys oblig

9、ations.11. anticipatory breach of contract: the term anticipatory breach of contract means one party prior to the period of performance stipulated in the contract, which expressly states that he will not perform the contract at that time.12. liquidated damages: refers to the purpose of ensuring the

10、performance of the contract, the parties agreed to the appointment of personnel, when the debtor breach of contract, should pay the creditors money. Liquidated damages are a kind of sanction against the debtors failure to perform the contract, but when the debtor fails to perform the obligation, the

11、 creditor may also claim damages for breach of contract in addition to the payment of damages.13. contract failure: refers to the contract after the establishment, not because of the partys own fault, but because of the circumstances after the incident, so that the parties in the contract when the p

12、ursuit of commercial goals suffered setbacks.14. purification: refers to the debtor, the creditor has the right to delay of acceptance, the debtor shall pay money or other items placed on the statutory deposit, so that the relationship between debt to an act of elimination.The third chapter deals wi

13、th the law on the sale of goods15. international trade terms: an international trade practice established in the long-term practice of international trade to determine the responsibilities, costs, and risk burdens of buyers and sellers in delivery.The fourth chapter, product liability law16. America

14、n product liability law of negligence: refers to the production or seller negligence, resulting in defective products, but because of the defect that the damage to consumers, the person or property in this regard, the product producers and sellers should bear the responsibility.The fifth chapter, ag

15、ency law17. agent: it means that the agent, on his own behalf, makes the contract with the third party on behalf of himself or makes other legal acts, and the rights and obligations arising therefrom directly affect me.18. direct agent: if the agent is within the authority of the agent, he shall ent

16、er into a contract with the third party in his own name,Its effectiveness is directly to me, referred to as direct agency.19. indirect agent: if the agent in his own name, but for my calculations and third days after the contract, the rights and obligations through the addition of a contract to tran

17、sfer himself, when science is called indirect.20., foreign trade agent system: that is, our foreign trade companies acting as domestic users and suppliers of the agent, import and export contracts signed on behalf of them, subject to a certain commission or commission.The sixth chapter is the commer

18、cial organization law21. partnership: an enterprise consisting of two or more partners engaged in the joint venture, jointly financed and shared profits of two or more partners.22.: Limited by Share Ltd shares limited liability company, referred to as the Limited by Share Ltd refers to the companys

19、capital into equal shares, the company through the issuance of shares to the public to raise capital, the shareholders limited liabilities of the companys debt.23., the articles of association: the companys purpose, capital, organizational structure, name and other internal and external affairs of t

20、he legal documents, is to regulate the activities of the companys fundamental law.24.: the company is the provident fund to compensate for unexpected losses, expand the business scope, or in order to consolidate the financial foundation of the company, extracting a part from a companys earnings, not

21、 as dividends and retained within the company, to prepare the necessary funds.The seventh chapter: Negotiable Instruments Law25. note: refers to the signature of the drawer in the face, unconditionally agreed by himself or entrust others to pay a certain amount, and can be a kind of negotiable secur

22、ities.26. endorsement of a bill of exchange means the endorsement of the rights of the transferred bill for the purpose of obtaining the ownership of the bill.27., the withdrawal of endorsement: Endorsement in the endorsement of the endorsement of the purpose of its endorsement only as the withdrawa

23、l of the endorser, rather than transfer the ownership of the bill of exchange.28. acceptance of a bill of exchange means that the drawee of the bill of exchange accepts the obligation of the drawer and agrees to accept the obligation to pay the amount of the bill of exchange, which is written in wri

24、tten form above the bill of exchange.29. general acceptance of a bill of exchange: also known as pure acceptance, which means that the drawee marked acceptance on the draft and signed the name and date of the drawee, in addition to this, there is no additional condition.30. bill recourse: when the b

25、ill is dishonored, the holder in order to protect the interests of the law that the holder has the right hand endorser to forward the drawer to request the repayment amount on the bill, this right is called the right of recourse in negotiable instrument law.31. note: also known as a promissory note,

26、 is the drawer agreement at sight or on a certain date to the payee or the designated person to pay a certain amount of unconditional promise in writing.32.: the check is drawn on a bank payable at sight of a certain amount of payment cardThe eighth chapter is the international law on the carriage o

27、f goods by rail and air33.: Bill of lading is the shipper to the carrier consignment, after shipment, issued by the captain or the carriers agent, stated on the bill of lading evidencing receipt of the goods, promised the goods to the destination and delivery and the consignee of the certificate.34.

28、 combined transport bill of lading: a bill of lading consisting of land and sea combined transport by sea. It means the bill of lading to be shipped from one place to another by more than one ship carrying more than one vessel by one or more of the vessels.35. clean bill of lading: refers to the sur

29、face of the goods without endorsement of the bill of lading.The 36. Charter: refers to a ship owner and the charterer, during the voyage stipulated or, in order to transport goods by the former use of the ship, and by the latter to pay the freight or rent contract.37. bareboat charter: ownership of

30、ship owner retained the ship, and the ship ownership transferred to the charterer for transport, Charterers hire captain and crew, and in accordance with the use of the ship in time to pay the rent contract called bareboat charter.Thirty-eightCharter: the owner of the ship retains the ship ownership

31、 and possession, he hired captain and crew, the ship only leased to the Charterers for transportation in a certain period of time, and in accordance with the use of ship time charterers for rent and contract called time charter party.39.: international multimodal transport refers to the multimodal t

32、ransport contract, with at least two different modes of transport by the multimodal transport operator of goods from a domestic goods location to another location make delivery of the goods over the territory.The ninth chapter marine insurance law40. marine insurance contract: refers to the insured

33、person insured by the commitment to sea loss, namely adventure loss, should be in accordance with the terms and the amount of the contract, compensation for the insured contract.41.: if the actual total loss of the subject-matter insured is destroyed or damaged, lost or lost to the insured varieties

34、 cannot recover, that is an actual total loss.42.: if the loss of the subject-matter insured by the actual total loss inevitable reasonably to be abandoned, or because of not spending more than the value of the cost will not be able to prevent the actual total loss, or a constructive total loss.43.

35、marine insurance abandonment: refers to the insured to the insured all rights are transferred to the insurer, and the insured amount of insurance payment request.The tenth chapter is international economic and Trade Arbitration44. Arbitration: the parties reached a written agreement before the dispu

36、te or after the dispute, and voluntarily handed over the dispute between them to the third parties agreed upon to decide.45. arbitration agreement: a written agreement between the parties expressing their willingness to settle disputes between them for arbitration.1. International commercial practic

37、es: refers to the international commercial exchanges in international practice due to repeated and gradually formed, and are subject to a number of commercial principles and rules of.2. Termination of the contract: refers to the temporary cessation of obligation behavior.3. No contract no liability

38、to bear: producers and sellers because of the defects caused by loss of person or property to the consumers responsibility to its consumers with a contract as a precondition.4. The patent compulsory license: national patent administrative authorities under certain conditions, without the consent of

39、patent rights through the administrative procedure of a patent allows third people to use on the implementation of the patent, the patentee is the exercise of patent rights exception.5. International commercial mediation refers to the parties in international commercial relations in the event of a d

40、ispute, on the basis of understanding the voluntary agreement, in accordance with the provisions of relevant laws and the terms of the contract, directly through full consultation, to reach agreement to resolve relevant disputes activities. Because of its different meanings in the procedural law, re

41、conciliation can be divided into the settlement outside the lawsuit and the reconciliation in the lawsuit.1. Impossibility: refers to the debtor due to various reasons could not fulfill its contractual obligations, rather than is possible to perform the contract and not to perform.2. Acceptance: ref

42、ers to the maturity date, the drawee refuses to accept, the drawee or acceptor death or other reasons lead to the acceptance or payment, the drawee or acceptor are declared bankrupt and other occasions, in order to prevent the holder before the expiration date of the exercise of the right of recours

43、e and the debtors interests, generally from outside prepare the payer or the bill debtor third joined bill relationship in order to preserve the acceptance of bill credit behavior.3. Additional risks: the insurer should be insured, undertake the result of external reasons, the loss is the expansion

44、of basic and supplementary insurance.4. The apparent agency: when the principal words or behavior in which third people believe that the agent has a reasonable authority, and according to these rights with the agent legal behavior, the agent has the apparent agency authority.5. Litigation: refers to

45、 the litigation agent or the legal representative authorized parties to the name of the party to the litigation procedure based on.1. Breach of contract in advance: refers to a party in the contract before the arrival of performance, has made it clear that it does not fulfill the contract behavior.N

46、ote: 2. Behavior refers to the burden of debt on the bill for the legal act to make the goal.3. Demurrage: the lessee to pay the corresponding costs exceed the prescribed loading time to the lessor.4. Trademark transferable License refers to the Licensee in addition to enjoy the use of the trademark

47、 rights in a specific geographical area, will also have the right to transfer the right to use the trademark to the territory of third people.5. The dissolution of the company has: refers to the company established according to law, the provisions of the articles of association or by legal grounds o

48、ccurred according to the abolition of legal behavior.1. An invitation: even if the offerors intention is to enter into a contract for the purpose, but if the mean is not specific, not sure, but do not expect other commitments which can make the establishment of the contract, nor is it an offer, but

49、an invitation. An invitation to offer is not legally binding on both parties.2. Commitment: refers to the offeree in the offer is valid within the statement or other behavior on an offer to represent a means to.3. Despatch: the lessee to lessor receive the corresponding expenses stipulated laytime a

50、head of schedule.4. The indirect agent is an agent in its own name, but to the interests of the agent and the third day after the contract, the rights and obligations through the addition of a contract of assignment to the actions of an agent.1. International Commercial Law refers to legal norms of

51、international commercial transactions and adjust the relationship between the commercial organization.2. Note: refers to change permissions without altering people to exercise the rights for the purpose of the bill on matters for others to change the elements of recorded behavior.3. Letter of credit

52、 by a bank in accordance with customer requirements and instructions or in its own name, in compliance with the terms of the credit, with documents required by yourself or authorize another bank to third parties or such payment or to accept and pay bills issued by the beneficiary.4. Complete Securit

53、ies: refers to the price of the relationship between rights and securities holds the most closely, leaving the securities cannot claim.5. The right agent: refers to the lack of agency people legal acts in the name of another person and the third person. The legal behavior of non ratification does no

54、t occur after I binding on me.1. International cargo transportation insurance refers to the import and export business of international transport of goods in accordance with certain risks to insurance companies, insurance payment when the goods have accident insurance in international transit, by th

55、e insurance company to import and export business losses according to the agreed amount of compensation given a legal relationship.2. Commercial settlement: refers to the court or the arbitration tribunal accepted the case, before the verdict of the court or the arbitration tribunal, the parties on

56、a voluntary basis by consensus, reached a settlement agreement to resolve commercial disputes between each other, so as to end commercial activities program award.3. Proprietary technology: also known as technical secrets, is a not open to the public, and has patented a special technical knowledge v

57、alue and are protected by state laws.4. International Commercial Arbitration: refers to the international commercial relations of the parties by agreement voluntarily the dispute between them to a temporary arbitration court or an international arbitration hearing by its structure, according to the

58、relevant laws or make a ruling according to the principle of fairness, and agreed to a system conscientiously fulfill the obligations established by the ruling the.5. An invitation: even if the offerors intention is to enter into a contract for the purpose, but if the mean is not specific, not sure, but do not expect other commitments which can make the establishment of the contract, it is not an invitation to offer, but. An invitation to offer is not legally binding on both parties.1. Commercial mediation: refers to the commercial arbitr