February** Dynamic Incentive Program
Interpretation: The statute of limitations stipulated in this article is a special statute of limitations, which is one year more than three years than the ordinary statute of limitations. Mainly based on the consideration that international matters involve many and complex relationships, three years is not enough, and one more year is added to better protect the legitimate rights and interests of the parties. The starting point of this special statute of limitations is the same as that of the ordinary statute of limitations, which is calculated from the date on which the right was known or should have been known to have been impaired. However, the maximum statute of limitations of 20 years shall not be exceeded.
Interpretation: The sales contract can be simply understood as one hand to pay and one hand to deliver. You give me the goods, and I pay you. The sales contract is a double-service, paid, promised, and non-compliant contract. The transfer of ownership of the subject matter is the core of its value.
Interpretation: This article involves the general terms of the sales contract, including what goods you sell, how much is measured, what standard is the quality, whether it is a national standard, an industry standard or an enterprise standard, how much is the unit price, when will the goods be delivered, where to receive the goods, how to inspect and sign for the goods, whether there are requirements for packaging, how do I pay, whether it is a one-time payment or a phased payment, whether the contract should set any conditions or deadlines, etc.
Interpretation: This article stipulates that the property right has priority over the creditor's right and has exclusive effect. For example, if A sells B's computer to C, A has no right to dispose of it. Because A is not selling A's own computer but B's, and B does not authorize A to sell B's computer. Therefore, A does not have any right to dispose of B's computer. But after all, it has been sold to C, what should I do? B may demand the return of the computer from C on the ground that he is the owner of the computer. So how should C's claim be protected? If the purpose of the contract for C's purchase of the computer is frustrated due to the fault of the counterparty A, C may terminate the contract and require A to bear the liability for breach of contract.
This article requires that the subject matter of the sale must be negotiable in accordance with the law. Therefore, the transfer of things restricted or prohibited by laws and regulations cannot be realized in accordance with this rule. For example, guns, my country is extremely strict about gun control, prohibiting the free circulation of guns, so it is a licensed industry, and you must have a license. This is a special provision.