International Business Law SS2019 Flashcards

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1
Q

A synonym for a buyer is 1. a Synonym for seller is 2.

A
  1. purchaser

2, vendor

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2
Q

Private law, also reffered to as 1. deals with 2.. The primary example of a legal activity in the area of private law is 3. . The basic German statue in this areaa of law is 3.. (please state the German Abbreviation)

A
  1. civil law
  2. legal relationship between private persons
  3. to conclude a contract
  4. bgb
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3
Q

Other terms for forming or making a contract 1. & 2.

A
  1. conclude

2. enter into

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4
Q

Indicate the technical legal terms for the following matter:

  1. court order prohibiting a certain action
  2. payment to the state for illegal behavior
  3. compensation payment a person makes to another person for losses caused to that person
  4. legal responsibility for an action
A
  1. injunction
  2. fine
  3. damages
  4. liability
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5
Q

what is a b2b contract ?

what is a b2c contract ?

A

a contract between two businesses.

a contract between a busines and a consumer

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6
Q

a companys businesss activity is restricted by many legal provisions in the area of environmental protection, competition, etc. state how taht part of commercial law is generally referred to and its primary purpose.

A

regulatory law

for the protection of the public good.

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7
Q

briefly explain the following chart

Business Law regulatory law
(wirtschafts-pri- (wirtschafts-Verwal-
vatrecht) tungsrecht)
↓ ↓
contracts authoritties
companies permis

A

This chart show two areas of commercial law and some prime examples of their contents/what they deal with.

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8
Q

list five areas of business law

A
international business law
labour law
contract law
intellectual property law
corporate law
accounting law 
transport law 
insolvency law
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9
Q

Complete the following text :
“Most businesses are organized as a corporation. . A corporation is owned by 1. and it typically has a board. The board members mostly acquire such position through 2. . The board members’ primary responsibility is 3. The main reason for the organization of a business as a corporation is 4. the two fundamental ways by which a corporation gecomes the owner of its capital or of its business assets are 5. and 6.

A
  1. its shareholders
  2. election / appointment of the shareholders
  3. to actively manage the company
  4. that the owners are not personally liable for the businesses legal obligations
  5. contribuition by shareholders
  6. making profits.
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10
Q

Name (keyword only) typical impediments a manufacturer often faces for marketing goods in a foreign country.

A
language barrier
different culture / behavior of customers
different jursidiction
transportation
different taxes 
different customs
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11
Q

Name the main topics that were discussed in the course

A
cisg
private international law
arbitration
overseas shipment
incoterms
international payment
intellectual property
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12
Q

Name three examples for international sales which do not entail a shipment of assets across a gborder and which are not a sale of services.

A
  1. if the good is already located in the purchasers country
  2. the trade of rights & licenses
  3. real estate
  4. trade of financial assets, eg. stocks
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13
Q

Consider a purchase ocntract which says nothing about warranty rights of the buyer for defects of the purchased object. does the buyer have such warranty rights ?

A

It depends on whether there are such rights in the statutory laws of the law that is governing the contract, and wether its requirements are met in this case.

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14
Q

What is “Private international law”

A

a special field of ciivil law that states the law of which jurisdiction has to be applied in an internaitonal context

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15
Q

What is a choice of law clause ?

What is the scope of a choice of law clause ?

A

A choice of law clause is a clause in a contract that both parties agree on and that states which jurisdiction governs this contract.
Its scope is limited to the rights & obligations of the parties for this legal relationship.

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16
Q

Consider the term “CapStat” within the framework of the preparation of an international deal. What is meant by this term and in which context is ist used ?

A

CapStat is short for capability statement.

It is used by advisors in a sales pitch where they show their expertise to potential clients.

17
Q

What does CISG stand for and what is it generally about ?

A

The UN Convention for International Sale of Goods.

It is a treaty for a uniform international sales law.

18
Q

In which cases are a buyer and a seller under an obligaton to apply cisg to the purchse contract between them

A

There is no obligation like that, since it is always possible to opt out or to just agree on another law to use.