题目内容

Negotiating—a complex process even between parties from the same nation — is even more complicated in international transactions bemuse of the added chance of misunderstandings stemming from cultural differences. It is essential to understand the importance of rank in the other country; to know who the decision makers are; to be familiar with the business style of the foreign company; and to understand the nature of agreements in the country, the significance of gestures, and negotiating etiquette. These cultural differences lead to very different style of contract negotiation. There are enormous cultural differences between Asia and the United States. The classic difference is that in Asia, the good faith human relationship between the parties is central. In the United States, on the whole, there is a greater effort to have precise legal descriptions of everything that might happen, resolving every particular type of dispute that can be predicted in advance. Thus, during negotiations, the United States party frequently likes to have a lawyer present and tends to be less ready to use a situation of simple negotiation between the principals. This does not mean that concepts of good faith and good faith relationship between the parties to a contract are not taken seriously in the West, but it does mean that in the legal tradition we axe looked forward to spelling out all the precise details and you should not be surprised if your Western partner asks you to do that. There is a good faith obligation as part of normal contract law under the United States and European law. A contract is a legally binding agreement which the courts will enforce. This definition, likes all definitions, is not perfect, but it does emphasize the most important element in all contracts — agreement. All contracts are agreements, although not all agreements are contracts. So without agreement there can be no contract. But how do you prove the existence of agreement which is really no more than a state of mind of English judges, who are more interested in practical solutions than in abstract theories They have found, from experience, that if one person makes a clear and definite offer and another person unconditionally accepts the offer, then it is reasonable to say that the two of them are in agreement. There is no attempt to look inside their minds to find out what they are really thinking: it is what they say and do that counts. Why is negotiation more complicated in international transaction

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What does the man mean

A. She’s in a shop.
B. She’s in a restaurant.
C. She’s in a library.

Questions 11 to 18 are based on the conversation you have just heard.

A. He can’t afford the car right now.
B. He will buy the car as soon as he has enough money.
C. He thinks someone else has bought the ear.
D. He thinks someone else has destroyed the ear.

中国公民冯某、秦某、许某、严某四人准备出资设立昊天有限责任公司(下称昊天公司)。四人拟出资100万,其中冯某以价值30万元的厂房和价值20万的知识产权出资;秦某出资30万元(现金);严某出资15万元(现金);许某出资5万元(现金)。四人拟定了公司章程,约定公司不设董事会、监事会。由秦某担任执行董事,冯某任公司的监事,并且指定秦某办理设立登记事项。秦某同时为其个人投资的长翔有限责任公司(下称长翔公司)的总经理,长翔公司欠伟诚公司货款50万元未还。秦某与伟诚公司达成协议约定,秦某将其在昊天公司的20%的股权质押给伟诚公司。届期,长翔公司未还款,伟诚公司请求秦某履行协议,秦某以“此事尚未与其商量”为由搪塞,伟诚公司遂拟通过诉讼来解决问题。公司成立3年后,一次红利也未分过,目前亏损严重。冯某向秦某提出解散公司,但秦某不同意。冯某决定转让股权,退出公司,但一时未找到受让人。 如果伟诚公司提起民事诉讼,根据《民事诉讼法》和《物权法》的规定,下列说法正确的是( )。

A. 秦某不可以就其在昊天公司的股权质押给伟诚公司
B. 伟诚公司应在还款期限届满之日起2年内,向法院提起诉讼,要求长翔公司清偿债务
C. 法院收到伟诚公司的起诉状之后,应当在10日内决定是否受理
D. 伟诚公司可以在合同履行地或长翔公司所在地起诉,要求长翔公司承担违约责任
E. 人民法院审理民事案件,应当在开庭5日前通知当事人和其他诉讼参与人

Questions 11 to 18 are based on the conversation you have just heard.

A) It will be rainy. C) It will be moist and hot.
B) It will be cold. D) It will be very pleasant.

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