Chapter 2 ITL Contract Laws Unit 3 Executing an International Contract of Goods 1/24/2021 1 Contents Brief Introduction Seller’s Obligation Buyer’s Obligation 1/24/2021 2 Chapter 2 ITL Contract Laws Unit 3 Executing a Contract Brief Introduction 1. Principle of Executing an International Contract of Goods 2. Types of the Parties’ obligations 1/24/2021 3 Chapter 2 ITL Contract Laws Unit 3 Executing a Contract 1. Principles of Executing Strict conforming to the contract principle[1] The principle of good faith[2]. these principles may not be stipulated expressedly, but the judge in charge will apply such principles when there are no direct rules. [1] 严格履行原则[2] 诚实信用原则 1/24/2021 4 Chapter 2 ITL Contract Laws Unit 3 Executing a Contract 2. Types of the Parties’ obligations contracted obligation[1] legal obligation[2] [1] 合同义务[2] 法定义务 1/24/2021 5 Chapter 2 ITL Contract Laws Unit 3 Executing a Contract Seller’s Obligation 1. Deliver Goods 2. The Turning Over of Documents 3. Quality Guarantee 4. Inspection 5. Guarantee for the Goods is Free 1/24/2021 6 Chapter 2 ITL Contract Laws Unit 3 Executing a Contract Seller’s Obligation 1. Deliver Goods (1) Place for delivery (2) Time for delivery specific goods[1], or unidentified goods[2] [1] 特定物Specific thing:Special, cannot be replaced by other goods. Specify 特定化: Making a certain goods is under a contract. For example, marking buyer’s name on goods. [2] 种类物Unidentified thing:Goods that has common characters and is decided by its variety品种,规格specification, quality质量 or capacity度量. 1/24/2021 7 Chapter 2 ITL Contract Laws Unit 3 Executing a Contract Seller’s Obligation 2. Turn Over of Documents PLS tell us the DOCs you know. What should the seller when turning over the documents? 1/24/2021 8 Chapter 2 ITL Contract Laws Unit 3 Executing a Contract Seller’s Obligation 2. Turn Over of Documents Case: A Chinese