AU kursuskatalog arkiv

6640 Comparative Law of Sales ( efterår 2010 - 10 ECTS )

Rammer for udbud

• Uddannelsessprog: engelsk
• Niveau: Masters
• Semester/kvarter: Every autumn
• Timer per uge: 3
• Deltagerbegrænsning: 40
• Undervisningssted: Århus
• Hovedområde: Det Samfundsvidenskabelige Fakultet
• Udbud ID: 22834

Tid og sted

Thursday 10-13 in building 1325, room 120
first lessons in week no. 35

Formål

The main purpose of the course is to enable the students to correctly and comprehensively advice and guide clients in international sales transactions in relation to the legal risks posed by the differences in the legal systems concerning comparative sales and arbitration law issues.

During the course the student should - beside the general academic competences - especially attain the following competences:

• the ability to reflect on comparative international sales and arbitration law topics and to ask critical questions from a legal perspective,
• the ability to reduce complexibility of highly complex comparative sales and arbitration law topics and to create an overview of these topics,
• the ability to carry out legal analysis of international and comparative sales and arbitration law issues,
• the ability to seek out and select relevant legislative documents and cases,
• the ability to comprehend international comparative sales and arbitration law problems and to set up a solution,
• the ability to present the above in a clear and comprehensive matter in English.

Indhold

This course is aimed at law students with an interest in understanding international commercial contracts, and sales contracts in particular, in a comparative context. Focus will be on various issues of commercial contracts with a view from the American Uniform Commercial Code (UCC), The United Kingdom Sale of Goods Act (UKSGA), The German Civil Code (BGB), the French Civil Code (CCQ) and finally the new Contract Code of China (CCC). From taking the course students will obtain a general understanding of the different approaches to commercial contracts in common law and in civil law thereby hihglighting the relevance of proper drafting of the contract, choice of lae and jurisdiction and international commercial arbitration.
Furthermore, the course will focus on selected rules in the United Nations Convention on Contracts for the International Sale of Goods (CISG), UNIDROIT Principles of International Commercial Contracts (PICC) and the Principles of European Contract Law. As compromises between the different legal traditions in civil law and common law, the inconsistencies as well as the benefits of these rules will be demonstrated. Finally, we will relate the above mentioned issues to commercial arbitration, also in a comparative context.

The course is interactive, and requires the students to participate in discussions and in study groups with members from the different legal traditions. The study groups will have to make short presentations at class. Therefore, attendance at class is important, although not obligatory.

The main issues to be covered are the following:

1. Introduction to international law and the international commercial contract.
2. Introduction to comparative law of sales and to the common law and civil law traditions.
3. Introduction to the different approaches in UCC, UKSGA, BGB, Code Civil, CCQ, CCC, CISG and PICC.
4. General principles and good faith under the various codes.
5. Interpretation of the contract and usages under the various codes.
6. Formation of contracts and battle of forms under the variuos codes.
7. Obligation of the parties under the various codes.
8. Breach and remedies under the variuos codes.
9. International Commercial Arbitration and the international sales contract.

Faglige forudsætninger

It is recommended that the participants have required basis knowledge of contract law and sales law from their own jurisdiction. This course will not be open to students, who have previously followed the course "6240 Comparative Commercial Law" and the course "6241 International Comparative Law of Sales".

Underviser

External lecturer René Franz Henschel

Undervisnings- og arbejdsform

Lectures with presentations from students

English

Litteratur

Joseph Lookofsky, Understanding the CISG, 2008 (or newer edition).
Various handouts and articles, which can be downloaded from the Internet. Approximately 600 pages in all.

Studieordning og bedømmelse

Kandidatuddannelsen i jura

• Mundtlig, bedømt efter 7-skala med ekstern censur

Oral exam (possible to write a synopsis on maximum 5 pages).