General Principles of International Commercial Contracts, applicable rules of the General Principles

Generally speaking, treaties are greater than conventions, because treaties have legal effect, while conventions are general rules and only have a certain binding nature.

1. According to the direction of the movement of goods, international trade can be divided into: import, export, and transit.

2. According to the statistical standards, the national age can be divided into: total, special.

3. According to the international ** commodity form, it can be divided into: tangible**, intangible**.

4. According to whether there is a third party to participate in the international **, it can be divided into: direct**, indirect**, and entreo**.

5. According to the number of participating countries, international ** can be divided into: bilateral**, multilateral**.

6. According to the international settlement instrument**, it can be divided into: spot exchange**, accounting**, and barter**.

7. According to the mode of cargo transportation, it can be divided into: land**, sea**, air**, mail order**.

8. According to the level of economic development, the international community can be divided into: horizontal, vertical.

9. According to the regional and international**, it can be divided into: south-south**, north-south**, north-north**.

1. Principles of International Commercial Contracts.

The purpose of the General Principles of International Commercial Contracts is to establish general rules for international commercial contracts, and when the parties agree that their contracts are governed by the General Principles of International Commercial Contracts, the General Principles of International Commercial Contracts shall apply. Where the parties agree on general principles of the law applicable to their contracts, customary law of merchants or similar wording, the General Principles of International Commercial Contracts may apply; Where the parties have not chosen any law to govern their contracts, the General Principles of International Commercial Contracts may apply; The Principles of International Commercial Contracts can be used to interpret or supplement uniform international law documents; The Principles of International Commercial Contracts can be used to interpret or supplement domestic law; The Principles of International Commercial Contracts can also serve as a model for domestic and international legislation.

2. The time and place of the conclusion of the contract.

1. If the parties conclude a contract in the form of a contract, the contract shall be formed when all parties sign or seal the contract or press their fingerprints, and the contract shall be formed when one of the parties has fulfilled its main obligations and the other party accepts it before signing, sealing or fingerprinting;

When laws or administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.

2. If the parties enter into a contract in the form of new construction, data message, etc., and require the signing of a confirmation letter, the contract shall be established when the confirmation letter is signed; If the information on goods or services published by one of the parties through the Internet or other information networks meets the conditions of the offer, the contract shall be formed when the other party selects the goods or services and submits the order, unless otherwise agreed by the parties.

3. The place where the commitment takes effect, and the place where the contract is not formed; Where a contract is concluded in the form of a data message, the addressee's principal place of business is not the place where the contract is concluded, and if there is no principal place of business, its domicile is the place where the contract is concluded. Where the parties agree otherwise, follow their agreement.

4. Where the parties conclude a contract in the form of a written contract, the place where the contract is not formed at the place of the last signature, seal or fingerprint, unless otherwise agreed by the parties.

3. The content of the contract.

1. The name or address of the parties; The parties to the contract are the recipients of the rights and obligations of the contract, and the determination of the name, name and address can be fixed and specific in the contract.

2. Subject matter; The so-called subject matter is the object of contractual rights and obligations. It is determined that the delivery of the subject matter is capable of creating or extinguishing the contractual relationship.

3. Quality and quantity;

4. Price or gratuity; The price is the price to be paid for the acquisition of the subject matter, and the remuneration is the price to be paid for the service. The price is usually the price of the thing itself.

5. The time limit, place and method of performance.

There may be a lack of a solution to the contract dispute how to resolve it, and the contract binds both parties to the contract while giving them certain rights. I hope you find it helpful after reading it. If you have any other questions, you can consult our lawyers, who will give professional advice.

Answer]: The General Principles of International Commercial Contracts is a legal document formulated by the International Institute for the Unification of Private Law in 1994 and revised in 2004, it is not an international convention, but an international practice, which is not mandatory, but voluntarily chosen by the parties to apply, and its purpose is to establish general rules for international commercial contracts, which are used to interpret or supplement international uniform legal documents, and can also be used as a model for national or international legislation. It is the unification or harmonization of laws in a non-legislative form.

The General Principles, in turn, avoid the use of terminology specific to existing legal systems and the interpretation of clauses with reference to the laws of individual countries, but follow the approach and certain provisions of the United Nations Convention on Contracts for the International Sale of Goods, with the intention of establishing a balanced system of rules that can be used worldwide. The general rule applies broadly, including when the parties have agreed to apply it by mutual agreement, or where the parties agree that the contract is governed by a rule made by "general principles of the law of caution", "commercial rules" or similar wording, or where it is not possible to determine the relevant rules of the law applicable to a contract on a particular issue. The General Principles do not provide a uniform definition of international commercial contracts, but they do not apply to consumer contracts.

The general principle system consists of a preamble, a general provision, the validity of the contract, the interpretation of the contract, the content of the contract, the performance and non-performance of the contract, and the assignment of the contract. Although the General Principles are not a binding legal document, they have played a great role in promoting the unification of commercial code bench contracts on an international scale, and their influence on international economic life is also increasing.

Answer: The General Principles of International Commercial Contracts is an international legal document formulated by the International Institute for the Unification of Private Law in 1994 and revised in 2004, which aims to establish general rules for international commercial contracts, which are used to interpret or supplement international uniform legal documents, and can also be used as a model for national or international legislation. It is the unification or harmonization of laws in a non-legislative form.

The General Principles follow the methodology and certain provisions of the United Nations Convention on Contracts for the International Sale of Goods, and are intended to establish a balanced system of rules that can be used worldwide. The scope of application of the General Principles is broad and there is no uniform definition of international commercial contracts, but it does not apply to consumer contracts. The content includes all aspects of international commercial contracts.

The system of the General Principles consists of a preamble, general provisions, validity of the contract, interpretation of the contract, content of the contract, performance and non-performance of the contract, and transfer of the contract.

The International Terminology Principles were developed by the International Chamber of Commerce (ICC) and the latest version is the 2000 version. It mainly stipulates the allocation of risks, liabilities, costs, and customs procedures between the buyer and the seller in the international sale of goods contract. It includes a total of 13 terms.

The similarities between the General Principles of International Commercial Contracts and the General Principles of Interpretation of International Terminology are as follows: (1) Both belong to international practices. International practice refers to the long-term practice of international practice, which is gradually formed in a certain region or industry and is generally recognized and applicable to the region or industry, and is binding on the applicable parties as a rule to establish the rights and obligations of the parties.

2) Both are selective and changeable. The parties may or may choose not to apply; After opting in, the agreement can be changed. (3) It can supplement the deficiencies of the existing law, clarify the meaning of the contract clauses, and better determine the rights and obligations of the parties.

The main differences between the General Principles of International Commercial Contracts and the General Principles of Interpretation of International Terminology are as follows: (1) The scope of application is different. The "General Principles of International Commercial Contracts" has a wide scope of application, and it can be said that it can be applied to all commercial contracts except consumer contracts, while the "General Principles of Interpretation of International Terms" is a convention on international terms, using a combination of letters and short concepts to divide the responsibilities, risks, and expenses between the parties to the sales contract, and reflect the first composition, which is only applicable to the rights and obligations of the buyer and seller in the sale and purchase of tangible goods.

2) The content is different. The General Principles of International Commercial Contracts focus on the provisions of contract rules and are committed to the international unification of commercial contract rules, while the General Principles of Interpretation of International Terminology make certain specifications for the interpretation of international terms through the provisions of four groups of terms (Group E, Group F, Group C and Group D), which belong to specific aspects of international sales of goods contracts.

From the perspective of the broad classification of uniform law, the General Principles of International Commercial Contracts can be called a model law, a uniform rule, or an international practice. From a practical point of view, a country can use it as a model law when formulating or revising a contract law, and refer to and learn from its provisions; The parties to the contract can choose it as the applicable law of the contract (applicable law), as the legal basis for interpreting the contract, supplementing the contract, and handling contract disputes. In addition, when the applicable law of the contract is not sufficient to resolve the issues involved in the contract dispute, the court or arbitral tribunal may treat its relevant provisions as a general principle of law or the customary law of the merchant as the basis for resolving the problem, and play a complementary role to the autonomy of the parties and the application of the law in Chunbi.