International Business Law SS2019 Pt.2

Question 1

Does CISG apply to an international sales contract when it is a purchase contract between two parties and these parties are based in two different countries that have each signed and ratified CISG?

Answer 1

Only IF the contract is for the sale of goods and the parties did not opt out.

Question 2

Consider a casee in which the parties to an international sale of goods plan to conclude the sales contract and simultaneously, to agree on CISG. However, one of the parties is not satisfied with the rules for the delivery date under CISG and wants to have substantially different rules in the sales contract for the delivfey date. Is that possible?

Answer 2

Yes, because CISG is only flexible law.

Question 3

With respect to purchase contracts, 1. state what are remedies in genereal, and 2. name the types of remedies that cisg provides for a buyer.

Answer 3

rights of one party against the other.

cure of defect
price reduction
damages
avoidance

Question 4

Under CISG , mai the buyer of defective goods reduce the price ? If so, to what extend?

Answer 4

yes, but only proportionall.

Question 5

What is the fundamenta CISG principle with respect to the rights of the seller against the freight forward3er in case of a loss of the goods on transport ?

Answer 5

CISG covers rights & obligation so fbuer & seller and has nothing to do with the feight forwarder

Question 6

IN the practice of international sales, how is the determination of the buyers risk frequentl made ?

Answer 6

By incorporating incoterms into the contract

Question 7

Are there standart rules on who bares the risk in CISG ?

Answer 7

BUyer hast o pay if goods are lost or damaged IN TRANSIT

Question 8

What is the relationship between incoterms and CISG

Answer 8

BOth can be applied in a contract and are can be amendet as you wish

Question 9

Name and briefly describe the fourmain issues that incoterms are generally conerned with

Answer 9

risk- when the risk switches from seller to buyer
customs- who organizes / pays customs
shipment- who oganizes /pays shipment
insurance- who insures the goods

Question 10

What is the main issue for hte parties intending to enter into an international sales contract when they negotiate the payment fo the purchase price, and which basic alternatives are available to them in this respect ?

Answer 10

whether you can trust the other parti0e.
downpayment
prepament
pament after recieval of goods
letter of credit

Question 11

briefl explain the primar rationale for arbitration in ninternational business

Answer 11

judgement may not be enforcable, arbitration award can be .

in almost ever important country

Question 12

Briefl state what ta trademark is

Answer 12

a name, picture, design, or a combination of those that identifies a brand/product.

Question 13

When a trademark is properl registered, the owner of the trademark is said to be “protected”. W>hat does protected mean in this respect ?

Answer 13

he ma prohibit 3rd parties through legal action from usin things that are the same or similar to his trademark within its registered class.
a “well known company” may prohibit usage in all classes

Question 14

Name the two major international trademark registration sstems treated in the course

Answer 14

madris system

community trademark

Question 15

what is a trademark licence ?

Answer 15

contract between owner of trademark & 3rd party that gives right to use traemark in accordance with agreement

Question 16

Name typical terms for a trademark license.

Answer 16

royalities
limited/unlimited scope
limited/unlimited duration
exclusivity

Question 17

briefl explain what M&a is

Answer 17

mergers & acquisitions

IT is about business sales

Question 18

briefly state what is meant b a due diligence in the area of M&A

Answer 18

extensive review by a potential buer of documents provided by seller or target company before final negotiations

Question 19

complete the following text.

Merger control basically means that large transaction require 1. by 2. in all countries concerned. (Large in in german law depends on 3.) >When making its decision, the body reffered to at 2. above mostly applies the following standard: 4. In case the decision reffered to at 1. above is denied, the outcom eof the merger control procedure is 5.

Answer 19

1. clearance
2. cartel authorities
3. aggregate turnover of target + its subsidiaries +buyer+ buyers group (if there is one)
4. whether the transaction would create a dominant market position
5. a prohibition of the merger. no allowance of transition of shares.

Question 20

Complete the following text

When ton ecompan controls other companies , the controlling compan is reffered to as 1.
and each controlled company si reffered to as 2. all suc companies combined are referred to as a conglomerate or a 3. a diagram showing such companies andn their relationship is refferd to as 4.

Answer 20

1. paerent compan
2. subsidiary
3. corporate group
4. corporate group chart