The main content in terms of international business contracts

  • Time: 2013-08-01 14:26:08
  • Source: SLEEING
  • Hit: 2372

1, foreign trade contract
In foreign trade negotiation process, when an offer by the other party after acceptance, the contract is founded. The contract established according to law, since its establishment in force, legally binding on the parties, and shall be protected by law. In general, the contract of sale need not be concluded or evidenced by writing, in the form is not subject to any other requirement. But the written contract as the contract, the performance of the contract on the basis of evidence and the entry into force of the contract, so the contract for the sale of foreign trade, the best use of written form.
In China's foreign trade practice, written contract mainly in two forms: one is the formal contract is complete, content is complete. Another is a simple contract content is simple, such as the confirmation of sales and purchase confirmation. The two forms of contract, although vary in format, item and content are different, but have the same effect in the law, the parties hereto.
Foreign trade written contract by about the first name, quantity, quality, packaging, delivery (shipment), price, payment, insurance, commodity inspection, claims, arbitration, irresistible, and tail terms.
2, Greenfield investment contract
Through specific legal documents consultation, Greenfield investment enterprises shall sign the agreement, contract and articles of association, the rights and obligations of the parties clearly investment. The basic content of the contract include: source investment purpose, business scope, business scale, the total amount of investment, financing, investment and investment, the investment, profit distribution mode of the responsibility of the parties, the board of directors of the enterprise equipment, production and technology and cost, the proportion of export products and responsibility, corporate foreign exchange balance arrangement, duration of operation and the liability for breach of contract, dispute settlement clause.
3, transnational M & a contract
Due to cultural differences between countries, causing negotiators in the mode of thinking, customs, language, values, moral and legal aspects. In order to make negotiations can proceed smoothly, both do a good job in the basic negotiation preparation, to recognize and understand the cultural differences of overseas mergers and acquisitions in the negotiations, to avoid or solve these cultural differences, so as to gain the initiative in communication, to achieve a win-win situation.
Foreign international entrepreneurial enterprises within the territory of China, M & a contract, agreement, articles of association shall be governed by Chinese law. Direct acquisition contract shall generally include: the merger parties, including the name (name), domicile, legal representative, position, nationality; buy stock, subscription or quasi price share, listing, the purchase of assets; time of performance, performance way; all right, obligation; liability for breach of contract, settlement of disputes; signed by the time, place.

 

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