コース要綱

特殊講義(比較私法)

※詳細はG30シラバス「2017 Special Problems (Comparative Private Law)(E)」を確認すること。

教員: COLOMBO Giorgio Fabio
その他の教員: -
科目種別: 講義※英語授業
開講時期: Ⅴ、Ⅶ
対象年次: 3,4
開講時限: Thu 10:30~12:00
単位数: 2
必修の有無:
教室: Due to COVID-19 containment measures, all classes for the 2020 Spring Semester will be held online on the NUCT platform. Students are requested to abstain from coming to the university

 

講義概要 The contract of sale is the backbone of international trade in all countries, irrespective of their legal tradition or level of economic development. The United Nations Convention on Contracts for the International Sale of Goods (in short, CISG) is therefore considered one of the core international trade law conventions whose universal adoption is desirable. The adoption of the CISG provides modern, uniform legislation for the international sale of goods that would apply whenever contracts for the sale of goods are concluded between parties with a place of business in Contracting States. By doing so, it aims at avoiding the recourse to rules of private international law to determine the law applicable to the contract, adding significantly to the certainty and predictability of international sales contracts. The course will present in detail the key features of the CISG, also by employing cases taken from real life legal practice.
到達目標 The aim of the seminar is to provide students with effective knowledge of the CISG. First, a general overview of the subject will be presented, in order to allow everybody to have a common frame of reference. Then, each single aspect of the Convention will be analyzed in detail, from the scope of application to the remedies granted to the parties. To better understand the interaction between theoretical and normative framework and practical problems, students will have to read and comment also on materials taken from actual cases. After the end of the seminar, students should have acquired a good knowledge of the text and case-law of the CISG, and the main problems and issues which are currently debated among arbitration scholars and practitioners.
教科書 Due to the peculiar nature of the seminar, there is no need of a general textbook for students. Lessons will be based on specifically created Power Point presentations. Also, copies of some relevant readings will be distributed to students on a regular basis, via the online syllabus system.
参考書・参考資料 In addition to the materials mentioned under “Textbooks” above, other handouts and reading materials will be will be distributed to students via the online syllabus system.
成績評価方法 Participation (quality of the preparation, contribution to the discussion) 50%. Written test (50%).
履修条件 Good command of English language (reading, speaking, and writing) is required. A basic knowledge of private international law and contract law is recommended.
授業時間外学習の指示 Please contact the instructor to get class notes.
質問への対応方法 Please contact the instructor by email.
その他の注意 N/A

 

テーマ 講義内容 授業時間外の学修活動 関連ページ
1 Introduction Introduction to the class
2 Scope of application Scope of application of the CISG
3 Goods Definition of "Goods" under the CISG
4 General Provision General provisions applicable to the Convention
5 Interpretation Intepretation of the Contract
6 Contract formation How a contract is formed under the CISG
7 Assessment Learning Assessment
8 Obligations of the Seller 1 Obligation of the Seller Under the CISG (provide the goods, etc.)1
9 Obligations of the Seller 2 Obligation of the Seller Under the CISG (provide the goods, etc.)2
10 Obligations of the Buyer Obligations of the Buyer under the CISG (pay price, etc.)
11 Obligations common to both parties Obligations common to both parties under the CISG (cooperate, etc.)
12 Breaches How to define a breach under the CISG
13 Damages Calculation of Damages under the CISG
14 Assessment Learning Assessment
15 Wrap-up Session Wrap-up and Feedback session

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