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Advanced Lecture (Comparative Private Law)(E)

[Lecture Course Basic Information]

Lecturer: Giorgio Fabio COLOMBO
Other Lecturers:
Course Type: Lecture
Semester: Spring
Year: 2-4
Course Periods: Thu 10:30~12:00
Credits: 2
Whether mandatory or not: No
Classroom: 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

 

Outline of Lecture Course

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.

Course Objectives

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.

Textbooks 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.
Course Materials/Supplementaries 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.
Assessment Participation (quality of the preparation, contribution to the discussion) 50%. Written test (50%).
Prerequisites

Good command of English language (reading, speaking, and writing) is required. A basic knowledge of private international law and contract law is recommended.

Instructions for Out-of-Class Study In case of absence, please contact the instructor to get class notes.
Responding to Student Questions Please contact the instructor by e-mail.
Other Notes N/A.

 

Lecture Theme Lecture Course Description Learning outside the class Related page
1 Introduction to the Seminar Introduction Lesson 1.pptx
2 Scope of Application When does the CISG apply? Lesson 2.pptx
3 Definition of "Goods" What kind of "goods" are covered by the CISG Lesson 3.pptx
4

General Provisions: Interpretation.

Interpretative rules and general provision applicable under the CISG Lesson 4.pptx
5

Formation of the Contract; Freedom of Form

How is a contract formed? Lesson 5.pptx
6

General Provisions

General provisions about communications between the parties, etc. Lesson 6.pptx
7

Mid term test

Learning Assessment
8

Obligations of the Seller

Deliver the Goods, deliver the Documents Lesson 8.pptx
9

Obligations of the Seller II

Time and place of performance, etc. Lesson 9.pptx
10

Obligations of the Buyer

Pay the price, inspect the goods Lesson 10.pptx
11

Common provisions: anticipatory breach

Duty to cooperate, Good Faith.

Remedies to breaches yet to occur

Lesson 11.pptx
12

Damages

What kind of damages are recoverable? Lesson 12.pptx
13

Damages (II)

What kind of damages are recoverable? Lesson 13.pptx
14 Final test Learning Assessment
15 Conclusive remarks Assessment on learning outcomes

 ※Students who wish to enroll as a member should access the URL below.
Log in using the Nagoya University ID and password, and click on "Enroll in Course".

https://canvas.law.nagoya-u.ac.jp/enroll/KL97TA

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