JJUA14246U International Sales Law
The course aims at acquainting students with regulatory
framework and practice of international transactions of the sale of
goods. Sale agreements are the most prevalent operations in
contractual practice of the quickly growing field of cross-border
trade. Providing legal services for such processes requires
particular attention and regard to specific requirements of
international transactions, as direct analogies to agreements
concluded in an entirely domestic environment can be sought here
only to a limited extent.
The course is an advanced module offering an in-depth analysis of detailed aspects of the international sales transactions. Knowledge of international business law, contract law and private international law issues, acquired during Bachelor studies, shall serve as a basis for the discussion of specific aspects of international sale agreements. The course will acquaint participants with demands of formation, performance and termination of the contracts for the international sale of goods. The course will also cover a range of related issues, such as instruments for international financing and payment, contracts of carriage and affreightment, insurance, as well as import limitations and rules of origin.
Analysis of public international law regulations (CISG) will be supported by the discussion of instruments of transnational and private origin (UNIDROIT Principles of International Commercial Contracts, Incoterms). Acquired knowledge of the regulatory framework shall serve as a ground for further study and training in drafting and interpreting contracts of sale in the international environment. In order to demonstrate key issues in international transactions of sale and to highlight practical aspects of contractual practice in this field, the course will base on extensive use of case studies and problem analyses.
• Sale of goods – definition and role in the international trade
• Sources of law. Determination of law governing the contract
• Formation and modification of the contract
• Obligations of the parties. Performance standards.
• Liability and remedies
• Termination of the contract
• Role of standard trade terms
• Methods of payment
• Contract of carriage. Transport issues and passing of risk. Insurance.
• Import regulations. Rules of origin.
• Dispute resolution
- Recognize and resolve issues of law applicable to the
contract of sale,
- Present relevant sources of law; explain their role and applicability to cross-border transactions,
- Select and use standard trade terms befitting purposes of the parties
- Identify and address problems of concluding, modifying and terminating contract of sale,
- Draft contractual provisions,
- Systematize, present and negotiate arguments on proposed contractual provisions in a linguistically and legally correct, precise and professional way,
- Discover and apply relevant standards of performance
- Determine and formulate scope of liability of the parties
- Be aware of and able to advise on different methods of payment
- Be familiar with and select from adequate methods of dispute resolution.
Joseph Morrissey and Jack M. Graves: International Sales Law and
Arbitration. Aspen Publishers 2008.
Eldon H. Reiley International Sales Contracts: The UN Convention and Related Transnational Law. Carolina Academic Press 2008.
Collection of regulations and cases provided by the instructor.
Required reading for the examination covers app. 500 pages.
- 10 ECTS
- Type of assessment
- Written examination, 3 daysAssigned individual written assignment, 3 days
Take-home written examination (an essay of a number of 23000 characters, including footnotes and references (equivalent to approximately 4500 words)
- Marking scale
- 7-point grading scale
- Censorship form
- No external censorship
- Exam period
May 19-22, 2017
July 28-31, 2017