European Private Law
Scientific Disciplinary Sector (SSD)
IUS/02 - COMPARATIVE PRIVATE LAW
2° periodo di lezioni - aprile/maggio 2019, 2° periodo di lezioni - febbraio/aprile 2019
The course aims at offering to students the skills and knowledge necessary to operate as transnational commercial lawyers and counsel in national and international disputes presenting transnational aspect. This goal is pursued by illustrating and analyzing the sets of rules, from whatever source, which govern international commercial transactions and are common to a number of legal systems. The relevant rules are derived from international instruments of various kinds, including hard law instruments such as international conventions, EU regulations and directives, as well as soft law instruments, such as model laws and Legislative Guides of the kind published by UNICITRAL and UNIDROIT. The relevant rules also include international restatements, as exemplified by the UNIDROIT Principles of International Commercial Contracts, and codifications of international trade usage meant to be adopted by contract, as exemplified by the Uniform Rules on Demand Guarantees published by the International Chamber of Commerce (ICC).
The course will cover the following topics:
1) The International Unification of Private and Commercial Law;
2) Transnational Law of Sales;
2) Transnational Law of Agency and Distribution;
4) Transnational Law of International Payment Undertakings and Bank Guarantees;
5) Transnational Law of Insolvency;
6) Transnational Litigation and International Commercial Arbitration.
Classes will be based on lectures (with use of slides), as well as group discussions and analysis of contract clauses and domestic and foreign cases, so as to instruct students on how the knowledge acquired through the course can be applied in individual cases.
LANGUAGE OF THE COURSE:
The course will be taught in English.
|Roy GOODE, Herbert KRONKE, Ewan McKENDRICK
||Transnational Commercial Law
||Oxford University Press
||Part I, chapters 1-7; Part II, chapters 8, 10, 11; Part III, chapter 16; Part IV, chapter 17; Part V, chapters 18,19.
The final exam, consisting of an oral discussion, aims at verifying the level of achievement of the learning objectives previously identified. In particular, the exam will be divided into three parts, two of which will count for 30% of the final grade, whereas the third will count for 40% of the final grade. The first two parts will consist of questions dealing, on the one hand, with methodologies of unification and sources of law for transnational commercial transactions and, on the other hand, with dispute resolution methods. The last part will consist of questions focused on two of the substantive law issues dealt with in class (sales, distribution, payments, bank guarantees, cross-border insolvency).