The thesis is called international sales contract. The aim of it was to provide an overview of the possible legal regime of an international sales contract and to inform about sources of law that are applicable to such contract. The main aim of my thesis was to analyze United Nations Convention on Contracts for the International Sale of Goods (CISG). I tried to evaluate its advantages and disadvantages through the whole thesis. I focused on its scope of application, on the other hand, I did not examine rights and duties of parties to a contract determined by the CISG. In one part of my thesis I also paid attention to INCOTERMS, which is a significant and practical tool on the field of international trade. I realized this thesis using a descriptive method, since I tried to characterize certain legal instruments and their position and function thanks to information obtained from legislation, doctrine and case law. Moreover, I was using a comparative method, as I was comparing differing opinions of doctrine. Afterwards, I tried to form and explain my own views. I divided my thesis into five sections. In the first section I described international sales contract and I pointed out the difference between international and domestic sales contract. In the second part I was dealing with sources of law of...

This thesis analyses an international sales contract especially its two parts, delivery and payment terms. Objective of the thesis is to present the high importance of delivery and payment terms in international sales contracts, how they influence the price as well as the whole business transaction. This text is devided into two parts, theoretical and practical. The first part deals with the whole characterization of an international sales contract, its belongings, legislative definition and detailed description of the delivery and payment terms. International chamber of commerce and insurance are also mentioned. The practical part concerns with anylysis of the particular examples from Ceco-legno company.

The topic of my diploma thesis is "The sales contract in international business transactions". The development of international trade is currently thriving, as evidenced by the fact that the significance of the international trade in the Czech Republic continues to grow. The reason I chose this topic is that the international sales contract is one of the most important contract in the field of international trade and I decided to expand my knowledge on that field. The diploma thesis analyzes the international sales contract in relation to the historical development of the term international sales contract, to its definition, legislation and unification efforts in the field of international sales contract legislation. The diploma thesis is structured into three chapters. The first chapter is devoted to the term sales contract in international business transactions. It contains the basic characteristics of the sales contract in Czech law, the characteristics of the term international business transactions and the largest part of this chapter is concerned with the historical development of the international sales contract and United Nations Convention on Contracts for the International Sale of Goods, as the basic legislation in relation to the international sales contract. The second chapter is...

International sales contract The purpose of this diploma thesis was to analyse the term "fundamental breach" of international sales contract as defined in Art. 25 of the United Nations Convention on Contracts for the International Sale of Goods (hereinafter the " Vienna Convention"). The thesis is composed of introduction, conclusion and four chapters, each of them dealing with different aspects of the international sales contract and its breach. Chapter One is introductory and defines first international sales contract and Vienna Convention. The chapter is subdivided into two parts. Part One describes the characteristics of international sales contract. Part Two deals with history and characteristics of Vienna convention, and also explains the relationship between Vienna Convention and Regulation Rome I. Second chapter describes three interpretative principles specified in Art. 7(1) of Vienna Convention, i.e., a) regard to the international character of the Vienna Convention, b) need to promote uniformity in its application and c) the observance of good faith in international trade. The chapter consists of three parts. Part One focuses on regard to the international character of the Vienna Convention. It states, that the Vienna Convention should be interpreted autonomously, without reference to the...

The international sales contract is one of the most important and frequently used legal instruments in the area of international business relations. Despite its functional stability, it is subject of continuous interest of legal theory and practice through which the questions related to its legal regulation are tackled. Therefore, this thesis deals with international sales contract and the perspective of its legal regulation. Particularly, the aim of this thesis is to answer the question on how the regulation of international sales contract is developing with regard to the national and supranational law, especially the Act on international private law, the Vienna convention, the Rome I regulation and the CESL (Common European Sales Law). The thesis considers this question both from the entrepreneurs' and customers' point of view. Besides the general theoretical aspects of the international sales contract, the thesis also focuses on particular legal acts containing the most relevant regulation of international sales contract and the structure and framework of the thesis corresponds with this focus. The thesis is divided into five chapters, which are preceded by the introduction and followed by the conclusion. The core of the thesis is in chapter five, which analyzes partial aspects of current...

Supply chain management has attracted much attention in the last decade. There has been a noticeable shift from a traditional individual organisation-based management to an integrated management across the supply chain network since the end of the last century. The shift contributes to better decision making in the supply chain context, as it is necessary for a company to cooperate with other supply chain members by utilising relevant information such as inventory, demand and resource capacity. In other words, information sharing and coordinated management are essential mechanisms to improve supply chain performance. Supply chains may differ significantly in terms of industry sectors, geographic locations, and firm sizes. This study was based on case studies from small and medium sized manufacturing supply chains in People Republic of China. The study was motivated by the following facts. Firstly, small and medium enterprises have made a big contribution to China’s economic growth. Several studies revealed that most of the Chinese manufacturing enterprises became aware of the importance of supply chain management, but compared to western firms, the supply chain management level of Chinese firms had been lagging behind. Research on supply chain management and performance optimisation in Chinese small and medium sized enterprises (SMEs) was very scarce. Secondly, there had been plenty of studies in the literature that focused on two or three level supply chains whilst considering a number of uncertain factors (e.g. customer demand) or a single supply chain performance indicator (e.g. cost). However, the research on multiple stage supply chain systems with multiple uncertainties and multiple objectives based on real industrial cases had been spared and deserved more attention. One reason was due to the lack of reliable industrial data that required an enormous effort to collect the primary data and there was a serious concern about data confidentiality from the industry aspect. This study employed two SME manufacturing companies as case studies. The first one was in the Aluminium industry and another was in the Chemical industry. The aim was to better understand the characteristics of the supply chains in Chinese SMEs through performing in-depth case studies, and built models and tools to evaluate different strategies for improving their supply chain performance. The main contributions of this study included the following aspects. Firstly, this study generalised a supply chain model including a domestic supply chain part and an international supply chain part based on deep case studies with the emphasis on identifying key characteristics in the case supply chains, such as uncertainties, constraints and cost elements in association with flows and activities in the domestic supply chain and the international supply chain. Secondly, two important SCM issues, i.e. the integrated raw material procurement and finished goods production planning, and the international sales planning, were identified. Thirdly, mathematical models were formulated to represent the supply chain model taking into account multiple uncertainties. Fourthly, several operational strategies utilising the concepts of just-in-time, safety-stock/capacity, Kanban, and vendor managed inventory, were evaluated and compared with the case company's original strategy in various scenarios through simulation methods, which enabled quantification of the impact of information sharing on supply chain performance. Fifthly, a single objective genetic algorithm was developed to optimise the integrated raw material ordering and finished goods production decisions under (s, S) policy (a dynamic inventory control policy), which enabled the impact of coordinated management on supply chain performance to be quantified. Finally, a multiple objectives genetic algorithm considering both total supply chain cost and customer service level was developed to optimise the integrated raw material ordering and finished goods production with the international sales plan decisions under (s, S) policy in various scenarios. This also enabled the quantification of the impact of coordinated management on supply chain performances.

The main aim of this diploma thesis was to identify the international sales contract with a focus on the definition of the international sales contract, the sources of law which govern the international sales contract and the United Nations Convention on Contracts for the International Sale of Goods, with a closer focus on the formation of the contract and rights and rights and obligations of the buyer and the seller under the Vienna convention and the relevant case law for these issues, as well as the gaps in the Vienna convention. The methods used to develop this diploma thesis are analysis, description and synthesis. Analysis is used to the greatest extent in the third chapter, description is used especially within the first and second chapter and the synthesis is used within the recapitulations at the end of each chapter and within the summary. Within the first chapter I focused on the definition of the international sales contract and its distinction from the classical sales contract. The second chapter deals with the sources of law, which govern the international sales contract. In this chapter, I focus on the direct regulation, conflict of law rules, imperative legal norms, international treaties, European law, choice of law, international business practices, national law, lex mercatoria,...

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2017-03-22T12:53:04Z No. of bitstreams: 1 Daniela Bertotti.pdf: 1610746 bytes, checksum: 755bfb65e31e65603773bd933570d16a (MD5) / Made available in DSpace on 2017-03-22T12:53:04Z (GMT). No. of bitstreams: 1 Daniela Bertotti.pdf: 1610746 bytes, checksum: 755bfb65e31e65603773bd933570d16a (MD5) Previous issue date: 2017-03-08 / Fundação São Paulo - FUNDASP / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES / The present study aims at analyzing the United Nations Convention on Contracts for the International Sale of Goods (CISG) by examining most thoroughly the different interpretations of its text on the light of several western legal traditions. This analysis of the implications of such different interpretations will give rise to a discussion on the level of interpenetration among different legal systems. This, in turn, leads to an analysis of the impact of the conditions imposed by the Convention on its interpretation, which is considered a selfcontained autonomous ruling within the text of the Convention. As can be seen from a historical overview of the matter, the pursuit of unified regulations governing the international purchase and sale of goods is precisely the result of trade practices and of the consolidation of customary laws and principles. This thesis is thus based on the dynamics of this unifying process. The analysis will focus on its innovative feature of a consonant interpretation; an important structural element which may determine the success or failure of the text of the Convention when observed in different legal environments. It will be taken into consideration the role of the relation between governments and their institutions established with International Organizations, as well as that of the need for predictability when signing international agreements. Therefore, elements such as sovereignty and globalization are essential for a proper understanding of the impacts of this Convention in international law, namely, international trade laws / O objeto de estudo da tese ora apresentada versa sobre a Convenção de Viena sobre Compra e Venda Internacional de Mercadorias, conhecida pela sigla em inglês CISG. O escopo de análise visa enfoque especial na interpretação do texto convencional, tendo em vista as diversas tradições jurídicas ocidentais. Da análise das implicações acerca da interpretação, depreender-se-á o grau de interpenetração entre os sistemas jurídicos, analisando o impacto das condições de interpretação delimitada pela Convenção, considerada regramento autônomo e autocontido no texto convencional. A busca pela unificação de normas que disciplinem a relação de compra e venda internacional é vislumbrada no estudo da historiografia como um dado decorrente das próprias práticas comerciais e na consolidação de regras e princípios de caráter consuetudinário. A tese é estruturada com base na dinâmica da unificação acerca das normas a respeito do comércio internacional, consubstanciado o principal ponto de análise de sua inovação na interpretação uniforme como ponto importante para o sucesso ou o fracasso do texto convencional quando da sua aplicação dentro dos diversos ambientes jurisdicionais. Reputar-se-á como relevante o papel do Estado e das suas instituições na relação com as Organizações Internacionais e a necessidade da previsibilidade dentro das relações contratuais no campo internacional. Assim, elementos como soberania e globalização são necessários para a correta apreensão dos impactos de referida Convenção no campo do direito internacional, notadamente o direito do comércio internacional

過去紡織產業為台灣的主力產業，由於本國廠商掌握純熟的製造技術與低廉的勞力成本，促使產品達到高品質、低成本之優勢。然而，產業環境逐漸全球化，導致台灣廠商面臨中國大陸及東南亞地區勞力成本低之威脅，而喪失成本優勢，因而促使些許廠商採取海外設立製造據點策略，以因應客戶低成本的需求。但此海外擴張策略需要組織投入大量資金於建置廠房，除了提高組織之營運風險外，此策略並無法有效維持及強化自身與客戶的長遠關係，此外，台灣紡織廠商應運用研發技術之優勢，提供差異化產品以創造更高利潤。而當紡織廠商欲達到此目標且藉此拓展海外潛在客戶合作關係時，唯有利用海外業務據點之成立，才能降低營運風險，且貼近客戶端以了解需求，並提升雙方合作關係之緊密度。 本研究將採取質化個案研究方法，深度訪談台灣紡織產業內的標竿企業─A公司，且輔以蒐集隸屬於同集團下─B公司之次級資料，並加以運用Dunning(1980)之折衷理論，探討個案公司如何運用自擁優勢、區位優勢及內部化優勢，及組織與內外部重要利害關係人之網絡關係，以提高組織設立海外業務據點之成功機會，此外，本研究也蒐集大量之次級資料，分析組織分別設立海外業務據點及製造據點所需具備OLI理論各層面優勢之差異性。 研究結論顯示，於OLI架構下，文化距離差異度愈低之自擁優勢、廠商專屬程度愈高之資產；產業聚合密度較高與人力專屬性較高之區位優勢；母公司掌控程度越高之內部化優勢皆正向影響組織設立海外業務據點；而於內外部網絡關係層面，廠商與相關企業間業務人員銷售能力共用程度高之網絡關係、廠商間相互依存度高之外部網絡關係及地主國政府所提供的資源豐富性越高之外部網絡關係，皆能對於廠商設立海外業務據點形成助益。 / In the past, the textile industry was prosperous in Taiwan because of professional techniques and low labor costs. However, these advantages disappear gradually because of the economic growth of developing countries such as China and Vietnam. Therefore, the managers in textile enterprises in Taiwan have to develop some strategies to overcome the challenges. Most of these companies strengthen their R&D skills to make differentiated products and then gain more profits. At the same time, they will reduce the operational risk and build the strong customer relationships by establishing the overseas sale and marketing sites. The study uses qualitative research method to interview the vice president and the assistant manager in the case company. Furthermore, the research applies the “Eclectic Paradigm”, which was published by Dunning in 1980, to discuss how the case company used the ownership advantages, location advantages, internalization advantages and the network relationships to increase the possibility of expanding the business overseas by establishing the sites. Moreover, the research also compares the differences between the production sites and sales and marketing sites. To sum up, there are some findings in the research. When the ownership advantages with low cultural difference and high specific assets, the location advantages with high cluster density of the industry and high specific labor assets, the internalization advantages with high control by the headquarter will encourage the company to set the sales and marketing sites overseas. On the other hand, the internal social networks about the sale resources between the organization and affiliated companies, the external social networks with high dependency from the customers and the supporting from the host government will encourage the company to implement the global expansion strategy.

Syftet med den här undersökningen är att studera, och identifiera tillvägagångssätt för tjänsteföretag att internationalisera sig samt sälja sina produkter. För att göra det, samt att kunna kartlägga ett eventuellt mönster är det väsentligt att öka förståelsen kring hur försäljningen av tjänsten går till samt hur säljaren hanterar de kulturella skillnader som uppstår vid internationalisering.  Vi har valt en kvalitativ metod, med en deduktiv ansats för undersökningen där utgångspunkt finns i teori. Den teoretiska referensramen inkluderar välkända modeller som beskriver företags processer vid en internationalisering, samt teorier riktade mot tjänsteföretag, internationell försäljning, säljarens roll samt kultur och kommunikation. Därefter har vi i det empiriska materialet, redogjort för vad de fallföretag vi har arbetat med, i praktiken har hanterat dessa fenomen i deras internationaliseringsprocesser. I analysen har vi sedan ställt empirin mot teorin för att identifiera ett mönster rörande internationalisering samt internationell försäljning av tjänsteföretag.  I slutsatsen har vi till sist haft möjlighet att presentera detta mönster för internationalisering av tjänsteföretag, där vi har konstaterat att processen är baserad på drivna individer på ledningsnivå som initierar internationaliseringen. Denna process är beroende av säljaren i företaget, som nätverkar, bygger relationer samt kommunicerar ut nyttan med de immateriella produkterna. Genom bland annat research ökar denne sin befintliga kunskap för att möta kulturella skillnader och därmed skapa förtroende hos kunderna för att till sist sälja den immateriella produkten genom ett löfte där kundens förväntningar läggs på en realistisk nivå. / The purpose of this thesis is to study and identify approaches for service companies to internationalize and sell their products. In order to do so, and to identify possible patterns, it is important to increase our understanding of how sales of the services is done, and how the sales person manages the cultural differences that arise in internationalization.  Our methodology is a qualitative study with a deductive approach. The theoretical framework includes well known models describing the process of internationalization of firms, also theories concerning service firms, international sales, the sales person’s role, and culture and communication are included. The empirical chapter which follows, contains a review for our case companies, and how they have handled their internationalization and international sales. Next, we have compared empirical data to theory in an analysis to identify an outcome regarding internationalization and international sales of services.  Finally in our conclusion, we have been able to present a pattern of the internationalization process of service firms, whereas the process is initiated mainly by driven individuals on a leading position. The process is dependent on the firm’s salesmen who network, build strong relationships, and communicate the benefits with the immateriell products. By inter alia, research they can increase their already existing knowledge in order to meet cutural differences and thereby be trustworthy for the customer. Thereafter the salesmen are able to sell the service by a promise where the customers expectations is placed on a realistic level.