Contrat-type Et Guide De rédaction (document en anglais)
Note de Recherches : Contrat-type Et Guide De rédaction (document en anglais). Recherche parmi 299 000+ dissertationsPar farida.lahrech • 24 Mai 2013 • 1 998 Mots (8 Pages) • 1 797 Vues
Mode! contract developed for intemational sale of foodstuffs subject to rapid physical
deterioration -proposes conditions compatible with intemational trade conventions and
-Purpose of the model Ciontract
International contract The model contract has been developed for business users engaged in
for business rather than international trade in perishable goods. The aim is to offer a balanced,
consumer sales reliable and flexible general-purpose legal instrument which is simple
to use. The contract is intended for business rather than consumer
sales. Sales are considered to be international in nature if the
contracting parties have their respective places of business in different
countries. The model contract has therefore been elaborated with a
view to offering a legal framework which is adapted to both
international deliveries of goods and international payments.
Contract is intended for The perishable goods for which the model contract has been developed
the sale of perishable are foodstuffs subject to rapid physical deterioration, and which are
goods therefore liable to become worthless just as quickly. They thus include
fruit and vegetables in particular. This contract may prove difficult to
apply if used for other types of products.
Check whether There exist model contract forms for the sale of specific perishable
specialized contract products such as coffee, grain, cocoa, oils and fats which are proposed
forms exist for the type by national and international associations of sellers and/or buyers
of goods to be sold specialized in a particular commodity. Depending on the product to be
sold, it may be advisable for parties to consult such contract forms, as
they may make provision for specific usages in the trade in question.
Certain of these contract forms can be found on lTC's Juris international
database at the following address: http://www.jurisint.org.
In preparing the model contract, every effort has been made to propose
conditions which are compatible with those of the ICC Model
International Sale Contract (Manufactured Goods Intended for
Resale), published in 1998 by the International Chamber of
Commerce, with a view to promoting the harmonization of
international contracts. The present model nevertheless differs
significantly as regards both form and content, owing to the different
subject matter it covers. Thus, for example, there is no provision
concerning retention of title, since this is less likely to be a matter of
concern in the context of perishable goods.
10 UsersG' uide- InternationaTl radeC entreU NCTAD/WTO
B -Contract format
Initial each page The contract is contained in a single document. and therefore
effectively incorporates both specific and general conditions. It is
presented in both electronic and printed paper forms. The paper
version may be accompanied by any appropriate annexes. It is
recommended that the parties initial each page of the contract
including any such annexes.
Some precautions in The electronic version of the model contract is available at
using the electronic http://www.jurisint.org. It can be adapted so that the annexes are
version incorporated into the contract document itself. It is recommended that
a contract which exists in electronic form be printed for initialling and
signature by each party. This precaution is particularly appropriate if
the contract has been negotiated via electronic mail using a network
which does not provide for either the authentication of signatures or
the non-modifiable recording of data.
C -The llnderlying legal rules
The principal aim of this model contract is to ensure an equitable
balance between the parties' respective positions by means of full
information as to their rights and obligations. In other words, the buyer
and the seller must each be able clearly to identify the extent of their
respective undertakings as well as those of their business partner.
Cel1ain key instruments for the development of international trade
have been called upon with a view to achieving this aim, namely, the
1980 United Nations Convention on Contracts for the International
Sale of Goods (CISG), the 1994 UNIDROIT Principles of
International Commercial Contracts, and International Chamber of
Commerce initiatives such as the Incoterms. The texts of these various
instruments are reproduced in part or in full in the present publication
for ease of reference.
Parties using this model Reference to such instruments has allowed the model contract to be
contract should not greatly
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