European Law of Contract
Field of study: International Business Law and Arbitration
Programme code: 07-S2LA19.2019

Module name: | European Law of Contract |
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Module code: | IBLA-GC-ELC |
Programme code: | 07-S2LA19.2019 |
Semester: |
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Language of instruction: | English |
Form of verification: | exam |
ECTS credits: | 4 |
Description: | The course covers the most fundamental principles and institutions of the law of contract in a comparative perspective, with a particular attention on acts of the uniform law. The course will touch upon the Convention on International Sales of Goods, the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law and the Draft of Common Frame of Reference, as the acts creating the common core of the uniform law of contract. The discussion and analyses concentrate on issues such as: the autonomy of the parties, formation of the contract, its invalidity or ineffectiveness , interpretation and construction, the performance of the parties duties and the remedies for the non-performance of the contract and the transfer of rights and obligations, set-off, merger of debts and prescription. |
Prerequisites: | None |
Key reading: | N.Jansen, R. Zimmermann (ed.), Commentaries on European Contract Laws, Oxford University Press 2018 |
Learning outcome of the module | Codes of the learning outcomes of the programme to which the learning outcome of the module is related [level of competence: scale 1-5] |
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Possesses an advanced knowledge of basic rules of the uniform law of contract, in particular CISG, Unidroit Principles and PECL. [ELC_1] |
IBLA_W02 [5/5] |
Understands notions and concepts of the uniform law of contract, as well as the specific nature of the non-normative set of rules (soft law), comprehends the difference between CISG convention and the soft law acts. [ELC_2] |
IBLA_W05 [4/5] |
Recognizes the legal cross-border issues, generating difficulties and conflicts, is aware how these difficulties should be dealt with in practice, especially when structuring international contracts. [ELC_3] |
IBLA_W10 [3/5] |
Masters legal English, reading and speaking skills. [ELC_4] |
IBLA_U01 [3/5] |
Is able to identify, among the chaotic and complicated facts in cross-borders scenarios, the issues that have to be determined by the parties in the contract as well as the issues which can be ommitted and left for the applicable law. [ELC_5] |
IBLA_U04 [3/5] |
Is able to evaluate the scholarly opinions and case law on the contractual issues, making legal conclusions in order to advise a client how to solve difficulties. [ELC_6] |
IBLA_U05 [4/5] |
Enhances the ability to discuss difficult topics in the class, is able to carry out research in the field of international contracts, develops a creative approach to interpretation and application of the foreign provisions and a flexible attitude necessary to satisfy the needs of the client. [ELC_7] |
IBLA_U07 [4/5] |
Type | Description | Codes of the learning outcomes of the module to which assessment is related |
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Case solving - group work [ELC_w_1] | Students work on resolving cases, applying the proper rules or principles. |
ELC_1 |
Discussion [ELC_w_2] | Class participation (active part in discussion). |
ELC_2 |
Exam [ELC_w_3] | Open book case study. |
ELC_1 |
Form of teaching | Student's own work | Assessment of the learning outcomes | |||
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Type | Description (including teaching methods) | Number of hours | Description | Number of hours | |
lecture [ELC_fs] | The main goal is to teach students the necessary skills to identify a problem and find a solution. To that effect, the key principles and terminology are defined at the outset.
Most of the class time, however, is spent on the analysis of the CISG, Unidroit Principles and PECL provisions and rules. The case law of the foreign courts or arbitration awards is also used and analyzed. |
24 | The student reads assigned material (publications, cases, normative or soft-law acts) in order to prepare for the class. |
76 |
Case solving - group work [ELC_w_1] |
Attachments |
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Module description (PDF) |
Syllabuses (USOSweb) | ||
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Semester | Module | Language of instruction |
(no information given) |