SlideShare uma empresa Scribd logo
1 de 9
Step 4: The parties

   •   Identity of the Buyer
   •   Names in the Contract
   •   Notices
   •   Assignment of Rights and Delegation of
       Duties.
1. Identity of the Buyer

   • Studying the exact form of the name of
     the Buyer’s company.
   • Confirming existence of Buyer’s
     company.
   • Making sure that the officer signing the
     contract has authority to do it.
   • Checking the authenticity of the
     signature.
1. Identity of the Buyer
1. Identity of the Buyer

   Who can help the exporter?
   • Commercial attaché
   • Consulate
   • Notary
   • Chambers of commerce
   • Other available resources, such as Dun
     and Bradstreet,….
1. Identity of the Buyer


   • Note:
   Parent companies are not responsible for
     the debts of their subsidiaries
   => Be careful to not to sign contracts with
     undercapitalized subsidiaries.
2. Names in the Contract



   • The full, registered name of the company
     should appear at the head of the contract
     + a few words of description follow.
   • Using “hereinafter called + short form” to
     save space and prevents legal problems
     caused by mistyping names.
3. Notices

   • What is a notice?
    Any formal notification required by the
     contract
   • The Notice provision:
   - Gives the official mailing addresses
   - Usually stipulates how notices must be
     delivered.
4. Assignment of Rights and Delegation of
Duties


  • Most applicable laws allow for right
    transfer, however, strictly limit delegation
    of duties.
  • In international contract, try to exclude
    both assignment of rights and delegation
    of duties without written consent.
  • Be extremely careful to read the text of
    the assignment clause closely.

Mais conteúdo relacionado

Mais procurados

A Critical Appraisal Of International Islamic Finance Cases
A Critical Appraisal Of International Islamic Finance Cases A Critical Appraisal Of International Islamic Finance Cases
A Critical Appraisal Of International Islamic Finance Cases Islamic_Finance
 
Freedom of Expression and Trademark Rights in India
Freedom of Expression and Trademark Rights in IndiaFreedom of Expression and Trademark Rights in India
Freedom of Expression and Trademark Rights in IndiaVijay Makyam
 
Lecture guide chapter 2 the making of contracts
Lecture guide   chapter 2 the making of contractsLecture guide   chapter 2 the making of contracts
Lecture guide chapter 2 the making of contractsRamona Vansluytman
 
International law of sales (1)
International law of sales (1)International law of sales (1)
International law of sales (1)bearister2746
 
International sale contract
International sale contract International sale contract
International sale contract T.H. Y.P
 
Quiz show contract law key terms
Quiz show contract law key termsQuiz show contract law key terms
Quiz show contract law key termsDonna Kesot
 

Mais procurados (8)

Blaw7e 18
Blaw7e 18Blaw7e 18
Blaw7e 18
 
A Critical Appraisal Of International Islamic Finance Cases
A Critical Appraisal Of International Islamic Finance Cases A Critical Appraisal Of International Islamic Finance Cases
A Critical Appraisal Of International Islamic Finance Cases
 
Incoterms
IncotermsIncoterms
Incoterms
 
Freedom of Expression and Trademark Rights in India
Freedom of Expression and Trademark Rights in IndiaFreedom of Expression and Trademark Rights in India
Freedom of Expression and Trademark Rights in India
 
Lecture guide chapter 2 the making of contracts
Lecture guide   chapter 2 the making of contractsLecture guide   chapter 2 the making of contracts
Lecture guide chapter 2 the making of contracts
 
International law of sales (1)
International law of sales (1)International law of sales (1)
International law of sales (1)
 
International sale contract
International sale contract International sale contract
International sale contract
 
Quiz show contract law key terms
Quiz show contract law key termsQuiz show contract law key terms
Quiz show contract law key terms
 

Semelhante a Parties in International Contracts

Getting Down To The Details: Contract Basics for Non-Lawyers
Getting Down To The Details: Contract Basics for Non-LawyersGetting Down To The Details: Contract Basics for Non-Lawyers
Getting Down To The Details: Contract Basics for Non-LawyersCal Stein
 
Craft. Julian Mathews Master Class in English Law Course part1. 07.06.2013
Craft. Julian Mathews Master Class in English Law Course part1. 07.06.2013Craft. Julian Mathews Master Class in English Law Course part1. 07.06.2013
Craft. Julian Mathews Master Class in English Law Course part1. 07.06.2013Awara Direct Search
 
Legal aspects of inventory control in healthcare.pptx
Legal aspects of inventory control in healthcare.pptxLegal aspects of inventory control in healthcare.pptx
Legal aspects of inventory control in healthcare.pptxdrparul6375
 
Purchasing A Property
Purchasing A PropertyPurchasing A Property
Purchasing A Propertydarryllwhaley
 
Mib 3.6 on 14th aug 2012
Mib 3.6  on 14th aug 2012Mib 3.6  on 14th aug 2012
Mib 3.6 on 14th aug 2012Sanjeev Patel
 
Letters of Intent: Theory, Themes, and Takeaways
Letters of Intent: Theory, Themes, and TakeawaysLetters of Intent: Theory, Themes, and Takeaways
Letters of Intent: Theory, Themes, and TakeawaysAaron Dickinson
 
THE LEGAL ASPECT OF PURCHASING
THE LEGAL ASPECT OF PURCHASING THE LEGAL ASPECT OF PURCHASING
THE LEGAL ASPECT OF PURCHASING Zamri Yahya
 
Listing A Property For Sale
Listing A Property For SaleListing A Property For Sale
Listing A Property For Saledarryllwhaley
 
Team 3 LOI/MOU Presentation
Team 3 LOI/MOU PresentationTeam 3 LOI/MOU Presentation
Team 3 LOI/MOU PresentationZoeMDixon
 
law (unit-i) (1).pptx
law (unit-i) (1).pptxlaw (unit-i) (1).pptx
law (unit-i) (1).pptxswadhi3
 
Drafting contract
Drafting contractDrafting contract
Drafting contractLeks&Co
 
Letters of intent
Letters of intentLetters of intent
Letters of intentSam Saad
 
12 tips for better contract negotiation and editing
12 tips for better contract negotiation and editing12 tips for better contract negotiation and editing
12 tips for better contract negotiation and editingApprove Me
 
Contract presentation day 1
Contract presentation day 1Contract presentation day 1
Contract presentation day 1Leks&Co
 
Buying Your Home Selttlement Costs and Helpful Information
Buying Your Home Selttlement Costs and Helpful InformationBuying Your Home Selttlement Costs and Helpful Information
Buying Your Home Selttlement Costs and Helpful InformationMadonna Hartley
 
Elderly care conference 2017 - Workshop stream A - the legal framework: share...
Elderly care conference 2017 - Workshop stream A - the legal framework: share...Elderly care conference 2017 - Workshop stream A - the legal framework: share...
Elderly care conference 2017 - Workshop stream A - the legal framework: share...Browne Jacobson LLP
 
Drafting of Pre Contractual Instruments-Class-2.pptx
Drafting of Pre Contractual Instruments-Class-2.pptxDrafting of Pre Contractual Instruments-Class-2.pptx
Drafting of Pre Contractual Instruments-Class-2.pptxAnuj Pandey
 

Semelhante a Parties in International Contracts (20)

Busi_Law_Ch12.ppt
Busi_Law_Ch12.pptBusi_Law_Ch12.ppt
Busi_Law_Ch12.ppt
 
Getting Down To The Details: Contract Basics for Non-Lawyers
Getting Down To The Details: Contract Basics for Non-LawyersGetting Down To The Details: Contract Basics for Non-Lawyers
Getting Down To The Details: Contract Basics for Non-Lawyers
 
Craft. Julian Mathews Master Class in English Law Course part1. 07.06.2013
Craft. Julian Mathews Master Class in English Law Course part1. 07.06.2013Craft. Julian Mathews Master Class in English Law Course part1. 07.06.2013
Craft. Julian Mathews Master Class in English Law Course part1. 07.06.2013
 
Legal aspects of inventory control in healthcare.pptx
Legal aspects of inventory control in healthcare.pptxLegal aspects of inventory control in healthcare.pptx
Legal aspects of inventory control in healthcare.pptx
 
Purchasing A Property
Purchasing A PropertyPurchasing A Property
Purchasing A Property
 
Mib 3.6 on 14th aug 2012
Mib 3.6  on 14th aug 2012Mib 3.6  on 14th aug 2012
Mib 3.6 on 14th aug 2012
 
Contract law: the basics and practical tips
Contract law: the basics and practical tipsContract law: the basics and practical tips
Contract law: the basics and practical tips
 
Letters of Intent: Theory, Themes, and Takeaways
Letters of Intent: Theory, Themes, and TakeawaysLetters of Intent: Theory, Themes, and Takeaways
Letters of Intent: Theory, Themes, and Takeaways
 
THE LEGAL ASPECT OF PURCHASING
THE LEGAL ASPECT OF PURCHASING THE LEGAL ASPECT OF PURCHASING
THE LEGAL ASPECT OF PURCHASING
 
Listing A Property For Sale
Listing A Property For SaleListing A Property For Sale
Listing A Property For Sale
 
Team 3 LOI/MOU Presentation
Team 3 LOI/MOU PresentationTeam 3 LOI/MOU Presentation
Team 3 LOI/MOU Presentation
 
law (unit-i) (1).pptx
law (unit-i) (1).pptxlaw (unit-i) (1).pptx
law (unit-i) (1).pptx
 
Drafting contract
Drafting contractDrafting contract
Drafting contract
 
Letters of intent
Letters of intentLetters of intent
Letters of intent
 
12 tips for better contract negotiation and editing
12 tips for better contract negotiation and editing12 tips for better contract negotiation and editing
12 tips for better contract negotiation and editing
 
Contract presentation day 1
Contract presentation day 1Contract presentation day 1
Contract presentation day 1
 
Buying Your Home Selttlement Costs and Helpful Information
Buying Your Home Selttlement Costs and Helpful InformationBuying Your Home Selttlement Costs and Helpful Information
Buying Your Home Selttlement Costs and Helpful Information
 
Elderly care conference 2017 - Workshop stream A - the legal framework: share...
Elderly care conference 2017 - Workshop stream A - the legal framework: share...Elderly care conference 2017 - Workshop stream A - the legal framework: share...
Elderly care conference 2017 - Workshop stream A - the legal framework: share...
 
Drafting of Pre Contractual Instruments-Class-2.pptx
Drafting of Pre Contractual Instruments-Class-2.pptxDrafting of Pre Contractual Instruments-Class-2.pptx
Drafting of Pre Contractual Instruments-Class-2.pptx
 
Texas Law of Agency
Texas Law of AgencyTexas Law of Agency
Texas Law of Agency
 

Parties in International Contracts

  • 1.
  • 2. Step 4: The parties • Identity of the Buyer • Names in the Contract • Notices • Assignment of Rights and Delegation of Duties.
  • 3. 1. Identity of the Buyer • Studying the exact form of the name of the Buyer’s company. • Confirming existence of Buyer’s company. • Making sure that the officer signing the contract has authority to do it. • Checking the authenticity of the signature.
  • 4. 1. Identity of the Buyer
  • 5. 1. Identity of the Buyer Who can help the exporter? • Commercial attaché • Consulate • Notary • Chambers of commerce • Other available resources, such as Dun and Bradstreet,….
  • 6. 1. Identity of the Buyer • Note: Parent companies are not responsible for the debts of their subsidiaries => Be careful to not to sign contracts with undercapitalized subsidiaries.
  • 7. 2. Names in the Contract • The full, registered name of the company should appear at the head of the contract + a few words of description follow. • Using “hereinafter called + short form” to save space and prevents legal problems caused by mistyping names.
  • 8. 3. Notices • What is a notice? Any formal notification required by the contract • The Notice provision: - Gives the official mailing addresses - Usually stipulates how notices must be delivered.
  • 9. 4. Assignment of Rights and Delegation of Duties • Most applicable laws allow for right transfer, however, strictly limit delegation of duties. • In international contract, try to exclude both assignment of rights and delegation of duties without written consent. • Be extremely careful to read the text of the assignment clause closely.