AU kursuskatalog arkiv

6780 CISG (Intensive course in August) ( forår 2011 - 10 ECTS )

Rammer for udbud

• Uddannelsessprog: engelsk
• Niveau: Masters
• Semester/kvarter: August 2011
• Timer per uge: Will be announced later
• Deltagerbegrænsning: 30
• Undervisningssted: Århus
• Hovedområde: Det Samfundsvidenskabelige Fakultet
• Udbud ID: 25333

Tid og sted

Intensive course in August 2011 in building 1325, room 336.

Week 31:
Tuesday the 2 ^nd August from 08:00-12:00
Thursday the 4 ^th of August from 08:00-12:00
Friday the 5 ^th of August from 14:00-18:00

Week 32:
Tuesday the 9 ^th August from 08:00-12:00
Thursday the 11 ^th of August from 08:00-12:00
Friday the 12 ^th of August from 14:00-18:00

Week 33:
Tuesday the 16 ^th August from 08:00-12:00
Thursday the18 ^th of August from 08:00-12:00
Friday the 19 ^th of August from 14:00-18:00

Week 34:
Tuesday the 23 ^nd August from 08:00-10:00
Oral exams on the 24 ^th and 25 ^th of August

Formål

The aim of the course is firstly that during the course the students gain:

• a profound knowledge of the rules and principles of the CISG,
• a reasonable knowledge of the international theory and jurisprudence on CISG 
• and an understanding of the comparative terminology used.

Secondly, after the course the student must be able to:

• identify, analyse and estimate contract formation and sales law problems,
• and furthermore give a reasonably grounded proposal for solutions thereof.  

Learning purposes of the course

On the basis of the recommended and/or other literature on the CISG the students must be able to:

• describe and understand the structure, basic principles and rules of the CISG,
• apply the conventions´ rules and principles,
• identify and qualify international contractual and sales law problems and conflicts,
• analyse and solve international contractual and sales law problems and conflicts,
• structure the solution of one or more concrete cases logically and reasonably,
• find relevant factual circumstances and ignore the irrelevant circumstances by solving one or more cases,
• formulate the solution in a reasonably understandable legal English in an oral exam.  

Indhold

During the course, the student will be introduced to, and gain confidence with, the structure, principles and rules of the CISG and at the end of the course must be able to apply the CISG to concrete cases.  The whole convention and its rules will be examined and the interplay between the general part I and part II and III will be emphasised and analysed.  Moreover, the students will be introduced to the connected issues of Private International Law (choice of law), which will be relevant by external and/or internal gaps in the CISG (gap-filling), and questions of jurisdiction. As far as possible, a comparison with domestic law and international principles, like the PECL, UNIDROIT Principles and DCFR, will be made.   Execution of the course  

The course will concentrate on the following main legal topics:

• Field of application of the CISG and in particular the CISG reservations,
• The interplay between the CISG and P.I.L., questions of jurisdiction and domestic law,
• General principles of the CISG and their application (part I),
• Formation of contract (part II),
• Rights and obligations of the parties (part III),
• Passing of the risk and agreement,
• Remedies by breach of obligations.

Faglige forudsætninger

General knowledge of domestic law of obligation, including formation of contract and sales law.The course cannot be joint with the course Comparative Law of Sales (so-called course prohibition).

Underviser

Professor Morten Midtgaard Fogt

Undervisnings- og arbejdsform

Lectures and active student participation

English

Litteratur

Recommended reading: Lookofsky , Understanding the CISG , 3 ^rd (Worldwide) ed., Kluwer 2008, 181 pages.

Bedømmelse

Oral examination in week no. 34 in August 2011