Advanced Lecture (Comparative Private Law)(E)
[Lecture Course Basic Information]
|Lecturer:||Giorgio Fabio COLOMBO|
|Course Periods:||Thu 10:30~12:00|
|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.
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%).|
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.|
|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|
General Provisions: Interpretation.
|Interpretative rules and general provision applicable under the CISG||Lesson 4.pptx|
Formation of the Contract; Freedom of Form
|How is a contract formed?||Lesson 5.pptx|
|General provisions about communications between the parties, etc.||Lesson 6.pptx|
Mid term test
Obligations of the Seller
|Deliver the Goods, deliver the Documents||Lesson 8.pptx|
Obligations of the Seller II
|Time and place of performance, etc.||Lesson 9.pptx|
Obligations of the Buyer
|Pay the price, inspect the goods||Lesson 10.pptx|
Common provisions: anticipatory breach
Duty to cooperate, Good Faith.
Remedies to breaches yet to occur
|What kind of damages are recoverable?||Lesson 12.pptx|
|What kind of damages are recoverable?||Lesson 13.pptx|
|14||Final test||Learning Assessment|
|15||Conclusive remarks||Assessment on learning outcomes|
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