国际商法英文试卷

1、国际商法英文试卷 浙江工业高校 2022 / 2022 学年 课程 其次学期试卷 B 卷 ,学号 International Commercial Law 姓名 ,班级 I,Please explain the following terms5 point for each: 1 private international law 2 silent partnership 3 copyright4 preferred stock 5 offer 6 a bill of lading II , Please answer the following questions briefly8 poin

2、t for each: 1 The most important forms of national regulation include. 2 Please name the four basic functions the WTO serves. 3 Please name the three concerns ILO conventions and recommendations have dealtwith. 4 What arecarriers dutiesunderabill of lading.5 Why goods bought for personal, family or

3、household use are excluded. 6 Describe and give comments on irrevocable and revocable letters of credit. III , Please analyze the following cases10 points for the first one, 12 points for the second one:1On January 1, Seller sent a letter to Buyer offering to sell to Buyer 5,000 widgets for $25 apie

4、ce, The letter also stated: “This offer isbindingandirrevocableuntilFebruary1,”On January 5, prior to Buyers receipt of the letter, SellercalledBuyeron the telephoneand left the following message on the answering machine at Buyer s place of business:“Ignore my letter of January 1 , I have decided to

5、 withdraw the offer contained in it , ”On January 7, after listening to her answering machine and reading the letter that arrived that same day, Buyer sent Seller the following contract under the CISG. telegram:“I accept your offer of Jan, 1, ”Is therea2State A is a member of ILO, but it has not rat

6、ified either the ILO Convention Concerning Freedom of Association or the ILO Convention Concerning the Application of the Principles of the Rights to Organize and Bargain Collectively , Some workers within State A have lodged complaints with the ILO about their rights to associate and bargain collec

7、tively , Can the ILO s Fact-Finding and Conciliation Commission consider their complaints.B 卷参考答案 I,Please explain the following terms5 point for each: 1private international law Private international law is applied to the laws governing conduct between people and corporations from different states

8、, 2silent partnership A secret relationship between two or more persons, one of whom carries on a business in his name alone without revealing the participation of the other who has limited personal liability , 3copyright 第 1 页,共 3 页国际商法英文试卷 A copyright is title to certain pecuniary rights and, in m

9、ost countries, certain moral rights for a specified period of time , 4preferred stock Preferred stock entitles owners to a guaranteed dividend, a priority at the time of liquidation, or some other preference over ordinary shareholders , 5offer An offer is a proposal addressed to specific persons ind

10、icating an intention by the offeror to be bound to the sale or purchase of particular goods for a price , 6a bill of lading A bill of lading I san instrument issued by an ocean carrier to a shipper with whom the carrier has entered into a contract for the carriage of goods , II , Please answer the f

11、ollowing questions briefly8 point for each: 1The most important forms of national regulation include a the regulation of competition; bthe regulation of injuries caused by defective products;c the prohibition of sharp sales practices; d the regulation of labor and employment; e the establishment of

12、accounting standards; f taxation, 2 The WTO serves four basic functions: a to implement, administer, and carry out the WTO Agreement and its annexes; b to act as a forum for ongoing multilateral trade negotiations; c to serve as a tribunal for resolving disputes; d to review the trade policies and p

13、ractices of memberstates, 3 Please name the three concerns ILO conventions and recommendations have dealt with. ILO conventions and recommendations have dealt with three concerns , First, they have focused on the basic issues of labor protection, and the protection of women and children , Second, th

14、ey have concentrated on setting up the basic machinery and institutions the tare needed to make labor protection effective , Third, they have worked to promote and protect the human rights and fundamental freedoms of workers , 4A carrier transporting goods under a bill of lading is required to exerc

15、ise “due diligence ”in : a making the ship seaworthy; b properly manning, equipping, and supplying the ship; c making the holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage, and preservation; d properly and ca

16、refully loading, handling, stowing, carrying, keeping, caring for and discharging the goods carried , 5 Goods bought for personal, family and hoursehold use excluded for two reasons: a a doublestandard could arise if different rules governed sales by local shopkeepers to foreigners , b many local la

17、ws protect consumers, and that protection would be lost if CISG is applied , 6Irrevocable letters of creditcannotbealteredwithout the beneficiarys expressconsent, Revocable letters of credit are revocable by the issuing bank, The former is preferred by beneficiaries because it provides the most secu

18、rity , The later is disliked by beneficiaries because it provides the least security , III , Please analyze the following cases10 points for the first one, 12 points for the second one: 1 On January 1, Seller sent a letter to Buyer offering to sell to Buyer 5,000 widgets for $25 apiece, The letter a

19、lso stated: “This offer isbindingandirrevocableuntilFebruary1,”On January 5, prior to Buyers receipt of the letter, SellercalledBuyeron the telephoneand left the following message on the answering machine at Buyer s place of business:“Ignore my letter of January 1 , I have decided to withdraw the of

20、fer contained in it , ”On January 7, 第 2 页,共 3 页国际商法英文试卷 after listening to her answering machine and reading the letter that arrived that same day, Buyer sent Seller the following contract under the CISG. telegram:“I accept your offer of Jan, 1, ”Is there a 分析 :依据联合国国际货物销售合同公约的规定 ,本案中的合同没有成立；对于要约的生 效问题 ,公约的规定接受了 “到达主义” ,本案中 ,在第一封邮件未到达受要约人时 ,要约人 就通过打电话的方式撤回了要约 ,也就就是说要约并没有生效就已经被撤回了；