| 1. | Part ii formation of the contract
第二部分合同的订立 |
| 2. | This convention governs only the formation of the contract of sale and the rights and obligations of the seller and the buyer arising from such a contract
本公约只适用于销售合同的订立和卖方和买方因此种合同而产生的权利和义务。 |
| 3. | A circumstance referred to in this clause whether occurring prior to or after the formation of the contract shall give a right to suspension only if its effect on the performance of the contract could not be foreseen at the time of the formation of the contract
本条中的情况指无论合同缔结前后，双方有权延缓履行其义务是由于在形成合同时不能预见到合同的履行将会受到影响。 |
| 4. | Where the seller sells the subject matter which has been delivered to a carrier for transportation and is in transit , unless otherwise agreed by the parties , the risk of damage or loss is borne by the buyer as from the time of formation of the contract
第一百四十四条出卖人出卖交由承运人运输的在途标的物，除当事人另有约定的以外，毁损、灭失的风险自合同成立时起由买受人承担。 |
| 5. | When a contract stipulates death as a prerequisite for the payment of the insurance benefits , the insurer may effect the payment of the insurance benefits in accordance with the contract if the insured commits suicide two ( 2 ) years or more after the formation of the contract
以死亡为给付保险金条件的合同，自成立之日起满二年后，如果被保险人自杀的，保险人可以按照合同给付保险金。 |
| 6. | Where a contract is concluded by the exchange of electronic messages , the recipient ' s main place of business is the place of formation of the contract ; if the recipient does not have a main place of business , its habitual residence is the place of formation of the contract
采用数据电文形式订立合同的，收件人的主营业地为合同成立的地点；没有主营业地的，其经常居住地为合同成立的地点。 |
| 7. | Article 144 risk allocation for subject matter in transit where the seller sells the subject matter which has been delivered to a carrier for transportation and is in transit , unless otherwise agreed by the parties , the risk of damage or loss is borne by the buyer as from the time of formation of the contract
第一百四十四条出卖人出卖交由承运人运输的在途标的物，除当事人另有约定的以外，毁损、灭失的风险自合同成立时起由买受人承担。 |
| 8. | Where the seller sells the subject matter which has been delivered to a carrier for transportation and is in transit , unless otherwise agreed by the parties , the risk of damage or loss is borne by the buyer as from the time of formation of the contract
第一百四十五条当事人没有约定交付地点或者约定不明确，依照本法第一百四十一条第二款第一项的规定标的物需要运输的，出卖人将标的物交付给第一承运人后，标的物毁损、灭失的风险由买受人承担。 |
| 9. | The author points out that its constitutive requirements include the act of one party who breaches the pre - contract obligations , subjective fault of the party who breaches the pre - contract obligations , damages suffered by the aggrieved party , and the causation relation between the act in violation of the pre - contract obligations and the harmful consequence . the article further expounds the scope of application of the contracting fault liability , which includes the non - formation of the contract , invalidity of the contract , cancellation of the contract , the contract being formed but not coming into effect , the scope of compensation for the contracting fault liability should be confined to trust interest losses
同时分析了缔约过失责任的法理基础? ?诚实信用原则，并指出其构成要件应为：缔约一方有违反先合同义务的行为，违反先合同义务方主观上有过错，对方受到损害，违反先合同义务行为与损害结果有因果关系；接着进一步详细论述了缔约过失责任适用的范围：合同不成立、合同无效、合同被撤销、合同已成立但未生效；然后明确了缔约过失赔偿范围是信赖利益损失。 |
