Những điều cần biết về hợp đồng thương mại quốc tế

"Ebook Hợp đồng thương mại quốc tế" được biên soạn nhằm cung cấp đến các bạn bạn về quan hệ giữa luật với hợp đồng; ngôn ngữ hợp đồng bằng tiếng Anh; diễn giải các điều khoản của hợp đồng và các bên tham gia hợp đồng; giá cả trong hợp đồng và phương pháp thanh toán; vi phạm hợp đồng và cách xử lý.
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Những điều cần biết về hợp đồng thương mại quốc tế NGUYEN TRONG DAN 11(113 HONG TIMING MAI QUtit TE Xueit bcin lein this 6 International Trade Contracts 6th Edition NHA XUAT BAN LAO DONG HA NOL 2007 Thu' tit g6p y xin GS.TS. Nguygn Trong Dan DTDD: 0904 055 077 Email: dhannte,fpt.vn Tac gi6 gilt bgn quye'n © Copyright by the author 2 Preface This book is intended to provide commerce students of international trade and other readers with guidelines to the language of international trade contracts as the name of the book suggests. Despite the difficulty and complexity of the subject matter, the language used in the book is straightforward and readily understood. The book contains 11 parts. The first eights parts deal with legal aspects and give examples of authentic language used to illustrate them. At the end of each part, there are comprehension questions so that the students can check their understanding. In the footnote from Part 1 to Part 8, four or five words and/or expressions are listed with their context meanings in Vietnamese. Part 10 gives examples of authentic contracts from various Vietnamese and foreign trading corporations. All of these contracts are bilingual: English and Vietnamese. Part 11 includes the ICC Model Sale contract and the remarks made on each individual provision in the light of the civil code of the SRVN regarding civil contracts. Although every effort has been made to ensure the reliability of the information in the book, for readers of the book, the author is not responsible for any losses resulting from using this book or specimen contract clauses taken from therein. Before signing a contract, business persons should take appropriate legal advice. As mentioned the subject matter is very difficult and complicated, errors and mistakes might have been made here and there in the book. Constructive suggestions and corrections are, therefore, highly appreciated. Prof. Dr. Nguyin Trong Dan Hanoi, 2007 3 Acknowledgements I would like to express my many thanks for Directing Board of the Foreign Trade University for their help and assistance during the preparation and production of this book. I also would like to express my sincere thanks for my colleagues at the English Department of the Foreign Trade University for their long and kind co-operation in the making of this book. I am deeply indebted to my Australian Collegue, Mr. Timothy Maxwell Clemons for his valuable suggestions, comments, criticism and correction during the development of this book. I am also deeply indebted to all Vietnamese and foreign import and export organizations and commercial services to their assistance and permission for reproduction of their contracts and documents. As always I wish to express my special thanks to my wife and my children for their understanding and encouragement throughout the preparation of this book. I would like to thank Mr. Nguyen Van Chau, BMA, Researcher, at the Foreign Trade University for his deligence shown in proofreading of the book and for all other things that he has done on my behalf so that the book would have been made possible for the first edition. Finally, I also would like to thank all of my friends and former students for their assistance in providing the contracts and their translation. Prof. Dr. Nguyin Trong Dan 4 Contents Page PREFACE 3 ACKNOWLEDGEMENTS 4 CONTENTS 5 BIBLIOGRAPHY 7 HOW TO WORK WITH THE BOOK 9 Part 1 THE RELATIONSHIP BETWEEN THE LAW AND THE CONTRACT 11 1. BRIEF INTRODUCTION TO THE LAW AND THE CONTRACT 11 2. THE RELATIONSHIP BETWEEN THE LAW AND THE CONTRACT 11 3. EUROPEAN (CONTINENTAL) LAW AND ANGLO - AMERICAN LAW 13 4. THE APPLICABLE LAW 17 5. SOME SPECIMEN CLAUSES 21 6. COMPREHENSION QUESTION 22 Part 2 THE LANGUAGE OF CONTRACT IN ENGLISH 25 1. THE CONTRACT SENTENCE 25 2. THE LANGUAGE OF ANGLO-AMERICAN CONTRACTS 31 3. THE CLAUSES PATTERN IN CONTRACT ENGLISH 33 4. THE PASSIVE FORM 37 5. COMPREHENSION QUESTIONS 38 Part 3 INTERPRETATION OF THE CONTRACT 43 1. THE ENTIRE AGREEMENT AND THE CONTRACT DOCUMENTS 43 2. THE WHEREAS - RECITAL 45 47 3. DEFINITIONS 49 4. SOME SPECIMEN DEFINITIONS ...