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International Economic Law Judicial Examination Questions

1D; 2C; 3B; 8B; 4C; 5B; 6C.

Relevant basis for answering the question:

2 An international contract for the sale of goods refers to an agreement between parties with business locations in different countries regarding the rights and obligations related to the sale of goods. The international nature of a contract for the international sale of goods shall be subject to the fact that the parties' business places are in different countries.

3 According to the provisions of Article 42(1) of the Convention, the goods delivered by the seller must be goods over which third parties cannot claim any rights or claims based on industrial property or other intellectual property rights. This shall be limited to rights or claims which were known or could not have been unknown at the time of conclusion of the contract and which are based on industrial or other intellectual property rights in accordance with the legal provisions of the following countries. (2) Restrictions on intellectual property guarantee obligations. Since in international trade, goods are usually sold to countries other than the seller, especially if they are resold, it is impossible to require the seller to understand the relevant laws of all countries. Therefore, the Convention has certain provisions on the seller’s intellectual property guarantee obligations. Restrictions are mainly reflected in: ① Regional restrictions. Although the Convention stipulates the seller's intellectual property guarantee obligations, it does not mean that the goods sold by it must not infringe the rights of any intellectual property holder in the world. This is unrealistic. Article 42 of the Convention stipulates restrictive standards: First, According to the laws of the country where the goods are sold, that is, the third party's request must be made in accordance with the laws of the country where the goods are used or resold. If the two parties do not stipulate the final use or resale location of the goods when entering into the contract, the seller will not assume the intellectual property guarantee obligation to the buyer. For example, if the buyer changes its original plan to resell to country A and resells the goods sold by the seller to country B, then when a person in country B claims that the goods infringe its trademark rights, the seller is not responsible for the buyer because when the contract was made, the seller did not Knowing that this batch of goods will be resold to country B. Second, it must be based on the law of the country where the buyer’s business place is located, that is, the third party’s request must be made in accordance with the law of the country where the buyer’s business place is located. That is, if the parties do not determine the place of final use or resale of the goods, the seller is only responsible to the buyer for those requests made in accordance with the laws of the country where the buyer has a place of business. If the buyer has more than one place of business, the place of business that is most closely related to the contract and its performance shall be its place of business in accordance with the provisions of the Convention. If there is no place of business, the place of habitual residence shall prevail. ②Time limit. The Convention also stipulates time standards for determining the seller’s intellectual property guarantee. According to Article 42(2) of the Convention, the seller is exempted from its intellectual property guarantee obligations under the following two circumstances: First, the buyer This right or requirement was known or could not have been unknown when the contract was made; secondly, this right or requirement arises because the seller has to comply with the technical drawings, patterns, styles or other specifications provided by the buyer.

4 The losses caused by the breach of contract by the other party are limited to losses that are reasonably foreseeable

The fundamental purpose of the breach of contract damages system is to protect the interests of creditors, but at the same time, it should also take into account the encouragement of transactions, Improve efficiency and other social public interests. Therefore, in principle, the victim should be fully compensated for the losses suffered due to breach of contract, but at the same time, such compensation should be limited to the reasonable scope provided by law. Generally speaking, the compensation for loss of profits available is subject to the following restrictions: (1) The foreseeability rule means that the breaching party is only liable for losses that it can foresee at the time of contracting, but does not bear liability for unforeseen losses.

5 A voidable contract maintains legal effect before the contract is revoked, but the law gives one party the right to withdraw. The reasons for its formation are fraud and coercion of one party in entering into a contract; taking advantage of others' danger to enter into a contract; a contract entered into due to a major misunderstanding; and a joint agreement concluded due to unfairness. “In a voidable contract, the party with the right to cancel has the right to cancel the contract, but this power of the party is not without any restrictions. On the contrary, the person with the right to cancel must exercise the right to cancel within the prescribed period of cancellation... The right to cancel under the Contract Law The exercise time is one year. During this period, the person with the right to cancel must exercise his right to cancel. Otherwise, he will lose the right to cancel the contract."

When an insurance contract is concluded in Article 16 of the Insurance Law, the insurer shall If you inquire about the subject matter of insurance or the insured's relevant information, the policy holder shall truthfully inform you.

If the policy holder fails to perform the obligation of truthful disclosure specified in the preceding paragraph intentionally or due to gross negligence, which is enough to influence the insurer's decision whether to agree to underwrite the policy or to increase the insurance rate, the insurer has the right to terminate the contract.

The right to terminate the contract stipulated in the preceding paragraph shall be extinguished if it is not exercised for more than thirty days from the date when the insurer becomes aware of the reasons for termination. If it exceeds two years from the date of establishment of the contract, the insurer shall not terminate the contract; if an insured accident occurs, the insurer shall bear the liability for compensation or payment of insurance premiums.