国际贸易法复习简答.doc

简答（6选3） 1.有效承诺要件Legal requirements for a valid acceptance Para93-94 (1) To be made by the offeree/offerees Since an offer is addressed to specific persons, only those specific persons who have received the offer are entitled to make an acceptance accordingly. Assents made by any person other than the offerees are invalid. （1）是由受要约人/人了既然一个提议是针对特定的人，只有那些接受了该提议的特定的人有权作出相应的接受。同意由任何人以外的其他人是无效的。 (2) To be made within the time period specified in the offer Article 18 of CISG provides:” An acceptance is not effective if the indication of assent does not reach the offeror within the time he has fixed or, if no time is fixed, within a reasonable time, due account being taken of the circumstances of the transaction, including the rapidity of the means of communication employed by the offeror. An oral offer must be accepted immediately unless the circumstances indicate otherwise.” Article 20 of CISG provides for rules on how to calculate a period for acceptance. “(1) A period of time for acceptance fixed by the offeror in a telegram or a letter begins to run from the moment the telegram is handed in for dispatch or from the date shown on the letter or, if no such date is shown, from the date shown on the envelope. A period of time for acceptance fixed by the offeror by telephone, telex or other means of instantaneous communication, begins to run from the moment that the offer reaches the offeree. (2) Official holidays or non-business days occurring during the period for acceptance are included in calculating the period. However, if a notice of acceptance cannot be delivered at the address of the offeror on the last day of the period because that day falls on an official holiday or a non-business day at the place of business of the offeror, the period is extended until the first business day which follows.” （2）在要约指明的时间内作出公约第18条规定：“如果表示同意不到达要约人的时间内，他有固定的或接受不是有效的，如果没有时间是固定的，在合理的时间内，由于考虑到交易的情况，包括聘用要约的通信手段的快速性。口头要约必须立即接受，除非情况表明另有说明。”公约第20规定的规则如何