题目内容

The business places of the Buyer and the Seller are located respectively in Country A and Country B, and both Country A and Country B are contracting parties to the United Nations Convention on Contracts for the International Sale of Goods (hereinafter referred to as the Convention), and the contract of sale between the Seller and the Buyer agreed: the disputes under the Contract shall be apply to the laws of Country A. Which of the following options are wrong ( )

A. The applicable law of the Contract is the law of Country A, and the Convention shall not apply
B. The Convention shall apply, and matters beyond the scope of application of the Convention shall apply be governed by the law of Country A
C. The Convention shall apply, and matters beyond the scope of application of the Convention shall apply be governed by the law of Country B
D. The applicable law of the Contract is the law of Country A, supplemented by the Convention

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Company A in a country sells a batch of equipment to Company B in China under the agreed trade term of "FOB (Incoterms2010)", and then the equipment was shipped to China. In accordance with the International Rules for the Interpretation of Trade Terms and the United Nations Convention on Contracts for the International Sale of Goods, which of the following options is correct ( ) (Judicial Examination Question in 2015)

A. Company A is responsible for signing the shipment contract of goods and paying the freight
B. The risk bearing of Company A and Company B shall be based on the goods crossing the side of the ship at the port of loading
C. If the equipment is damaged due to failure to be packaged in general mode of the similar goods, Party A shall be responsible for the loss
D. Company A shall not be liable to Company B in case the batch of equipment infringes the patent right of a third party in China

Company A in China and Company B in France have signed a contract for importing clothing to China based on the price term of CIF. When the goods arrived at the port of destination, Company A found that two cases of goods were damaged due to improper packing, therefore, it refused to accept them, and the goods were damaged again by rain at the port of destination. In accordance with the United Nations Convention on Contracts for the International Sale of Goodsand related rules, which of the following options is correct ( ) (Judicial Examination Question in 2015)

A. Since the contract has already selected CIF trade term, it shall not apply to the Convention.
B. Under CIF conditions, French Company shall take out insurance, therefore, the Company B shall bear the risks in transit
C. As a result of Company A's refusal to accept the goods, Company B shall bear the loss of the goods caused by the rain at the port of destination
D. Company B shall bear the loss of the goods due to improper packing

With regard to the relationship between WTO multilateral trade system and regional trade agreements, which of the following statements are correct ( )

A. WTO multilateral trade system and regional trade agreements are parallel relations
B. Regional trade agreements can adopt policies that are more favorable than those of the WTO multilateral trade system
C. GATT/WTO allows the regional free trade agreement to impose tariffs or other trade measures higher or stricter than those imposed before the establishment of the free trade area on the members of the non-participating parties
D. The policy of "internal and external differences" adopted by regional trade agreements violates the non-discrimination principle of WTO

With regard to the statements of the concepts and characteristics of international economic law, which of the following options are correct ( )

A. International economic law is for the adjustment of international civil and commercial relations
B. The adjustment of international economic law includes the economic relations between countries, as well as the international commercial transactions among private parties
C. International economic relations are the relations that people have formed in the international field in the process of material goods production, that is, the international relations of production
D. The adjustment relations of international economic relations requires the coordination of the norms of international law and domestic law, the norms of "public law" and "private law".

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