International contracts for the sale of goods, also known as foreign trade contracts and import and export contracts, are agreements reached between buyers and sellers on the import and export of a certain commodity through consultation. The international contract for the sale of goods is a kind of contract, and the general principles of contract law should be applied, that is, the establishment of a contract should meet the following conditions: (1) the parties have legal capacity; (2) The buyer and the seller have the same meaning; (3) The contents of the contract are legal; (4) It has a legal form.
1, the parties to an international contract for the sale of goods
In international trade, there are individuals, legal persons, international organizations and countries as parties to international contracts for the sale of goods. For China, in order to abide by the commitment of joining the WTO and further relax the scope of foreign trade management rights, the new Foreign Trade Law, which came into effect in July 2004 1, allows natural persons to engage in foreign trade management activities. However, foreign trade operators engaged in the import and export of goods or technologies shall go through the formalities of filing and registration with the competent foreign trade department of the State Council or its authorized agencies. Failing to go through the formalities of filing and registration in accordance with the provisions, the customs shall not go through the formalities of customs declaration and clearance of import and export goods.
Both sides have the same meaning.
In practice, the usual practice is that the buyer and the seller negotiate face-to-face on the terms of the contract, or one party puts forward a standard contract text, and the two parties negotiate and discuss, and finally reach an agreement and sign a written agreement, which means that both parties agree that the date and place of signing by both parties are the time and place for the establishment of the contract. If the contract is concluded by direct dialogue such as telephone or telex, the time and place of contract formation is usually the time and place when the offeror hears the promised reply from the other party or receives the telex.
3, the content of the contract
Article 16 of the Foreign Trade Law clearly stipulates the products whose import and export are restricted or prohibited, including:
(1) It is necessary to restrict or prohibit the import or export in order to safeguard national security, social interests or morality;
(2) It is necessary to restrict or prohibit the import or export in order to protect human health or safety, the life or health of animals and plants, and the environment;
(3) It is necessary to restrict or prohibit the import or export of gold and silver in order to implement measures related to the import and export;
(four) the domestic supply is in short supply or it is necessary to restrict or prohibit the export in order to effectively protect the natural resources that may be exhausted;
(five) the market capacity of exports to countries or regions is limited, and it is necessary to restrict exports;
(six) the export business order is seriously chaotic, and it is necessary to restrict exports;
(seven) in order to establish or accelerate the establishment of specific domestic industries, it is necessary to restrict imports;
(eight) it is necessary to restrict the import of any form of agricultural, animal husbandry and fishery products;
(9) It is necessary to restrict imports in order to maintain the country's international financial status and balance of payments;
(10) Where it is necessary to restrict or prohibit the import or export according to laws and administrative regulations;
(1 1) Other items that need to be restricted or prohibited from import or export according to the provisions of international treaties and agreements concluded or acceded to by China.
As long as the import and export of goods meeting the above requirements are legal and protected by law.
4. Form of contract
Articles 1 1 and 12 of the United Nations Convention on Contracts for the International Sale of Goods stipulate that a sales contract, including its modification or termination, offer or acceptance, or other expressions of intention, need not be concluded in writing or proved in writing. It is not limited by other conditions in form and can be proved by any means, including witnesses. Article 10 of People's Republic of China (PRC) Contract Law stipulates that the parties may conclude a contract in writing, orally or by other means, except as provided by law or agreed by the parties.