Key Issues in Business Contract商务英语毕业论文.doc

题 目 ： 商务合同中的关键问题 ContentsAbstract in Chinese……… …………………………………………………………..iAbstract in English ………...………………………………………………………...iiI. Introduction ……………………………………………………………………1II. What is a contract?………………………………………………………………2 Ⅲ The classification of the contract ………………………………………………23.1 Oral Contract vs. Written Contract……………………………………………23. 2 Sales contract vs. purchase contract…………………………………………33.3 Express Contract vs. Implied Contrac t………………………………………3Ⅳsome important aspects about contract ………………………………………44.1 Date and Place of the Agreement and Name of the Parties……………………44.2 Recitals…………………………………………………………………………44.3 Definitions………………………………………………………………………44.4 Description of work……………………………………………………………54.5 The price or fee…………………………………………………………………54.6 Payment arrangement …………………………………………………………64.7 Letter of Credit，L／C ………………………………………………………74.8 Contract Dispute………………………………………………………………84.9 Force majeure clause…………………………………………………………104.10 The validity of the contract …………………………………………………114.11 Contract law…………………………………………………………………12Ⅴ Conclusion………………………………………………………………………12Bibliography…………………………………………………………………………13ii商务合同中的关键问题 摘要：合同对于现代社会的商务交易具有十分重要的作用，它是保护交易双方利益的重要凭证，同时也是双方合作的有效手段。

怎样才能写出一份合理、有效的合同呢？了解商务合同中的关键问题可以使交易双方的商务交易更顺利有效地进行下面我会为大家介绍一下有关合同的一些重要问题：合同的定义、分类以及与合同相关联的几个重要的方面关键词：合同的定义；合同的分类；有关合同的几个关键问题Key Issues in Business Contract【Abstract】Contracts for the business transactions of modern society a very important role, it is to protect the interests of the major parties to the transaction documents, but also an effective means of cooperation between the two sides. How can we write a reasonable and effective contract? Business understanding of the key issues in the contract allows parties to the transaction of business transactions more smooth and effective manner. Now I will brief you about the contract a number of important issues: the definition often contract, classification,contracts associated with several important aspects.【Key Words】The definition of the contract; The classification of the contract Key Issues in Business ContractI. Introduction Contract, which is an agreement, the principal of equality is as natural persons, legal persons and other organizations to establish, change, termination of the civil rights and obligations of the agreement, consensual. Contract as a civil law, the parties are the product of consensus, meaning that two or more in line with the agreement. Only the parties made by legitimate means that the contract was legally binding. In accordance with the law setting up the contract from the date of the establishment of a legally binding.Contract as a legal concept, a broad and narrow the points of the contract is mentioned here refers to the "Contract Law" adjustment of the contract, the law has the following characteristics: (l) the contract is more than two equal legal status of the party that Unanimous agreement, (2) the contract to generate, change or terminate the relationship for the purpose of debt claims, (3) The contract is a civil legal actⅡ. What Is a Contract?A contract is a voluntary undertaking between or among people and organization that creates a relationship in which one or more of the parties to the contract promise to do something, or not do something.Unlike some other business documents,technical language (legal vocabulary and concepts) that forms such a contractual relationship often obscures our real life experience with and common sense understanding of contract. With every word, phrase and sentence carrying the potential for winning or losing, the stakes are high. Simple logic, therefore, directs us to cautious and thoughtful contract writing or development. Contracts are used in commercial and industrial situations for two primary purposes:(1) to create a work relationship with your business partner based on the recordings of the terms of the agreement between reached.(2) to protect the legitimate interests of those contracting parties.Ⅲ The classification of the contract 3.1 Oral Contract vs. Written ContractA contract can be an oral agreement with nothing written down. A written contract is generally prepared and signed as proof of the agreement and as the basis for its education. A legitimate contract can be either in written or oral form. But it is usually better to have the details of an agreement and any variation in writing so both parties have a record of that have been agreed and are aware of what they are obliged to do, particularly when money is involved. Putting an agreement in writing serves several goals. Firstly, a written contract provides an indisputable, although not necessarily unambiguous, record of the agreement. The law gives great weight to written and signed documents。