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International Commercial Contracts


Semesterangivelse: Efterårs kursus Kurset udbydes i skemagruppe A1

 


Udgave: Jura Kandidatuddannelsen 2012/2013
ECTS points: 10 ECTS
Punkter: 10 ECTS = 1/6 årsværk
Skemagruppe: A1

Semester:

Autumn
Uddannelsesdel: Kandidat niveau
Kontaktpersoner: Fagansvarlig: Lektor, Ph.D. Joanna Jemielniak
Andre undervisere: Associate Professor, Dr. Joanna Jemielniak
Undervisnings- periode: Every thursday 10-12 and tuesday 8-10 in odd-numbered weeks
1. day: Thursday 6. september 2012
Formål: The main objective of the course is to introduce law students to different aspects of contractual practice in the dynamically evolving field of international business. Rapid processes of globalization in the international trade give rise to increasing expectations regarding legal services accompanying cross-border commercial exchange. Lawyers, assisting transnational transactions, are also frequently facing specific demands which do not have direct counterparts in the domestic practice.

The course provides participants with knowledge of legal instruments of both: public and private origin, regulating and supporting international business contracts. It acquaints the students with general problems of freedom of contract in the international trade, applicable law, formation and validity of a contract, as well as standards of performance and breach of a contract. Selected types of agreement, particularly popular in international commercial exchange, are discussed in detail. The course presents competing strategies in drafting cross-border contracts (contractual formalization vs. the demands of quick flow of commerce) and their practical consequences. Extensive use of case studies is provided in order to exemplify essential problems and the ways of addressing them, as found in the international contractual practice. Presentation of the examined issues is connected with a discussion of possible solutions used in a process of negotiating and drafting international contracts.
Indhold:
 Principal Sources of Law for International Business Contracts
 Freedom of Contract
 Formation of Commercial Contracts
 Performance and Breach of Contract
 Termination of Contract
 Standard Trade Terms. Model Forms
 International Sale of Goods
 Agency
 Distributorship
 Licensing and Franchising
 Dispute Resolution
Kompetence- beskrivelse: The main objective of the course is to acquaint students with the role of contractual obligations in transnational commercial practice. The course aims at enabling the students to:
- Explain and solve problems of law applicable to a contract,
- Present main sources of public international law and lex mercatoria on international contracts and explain their role in the cross-border trade,
- Identify and resolve issues of concluding, terminating and modifying a contract,
- Analyze problems and propose solutions for negotiating particular types of transnational commercial agreements,
- Critically use standard contractual forms and clauses,
- Draft contractual provisions,
- Develop, organize and present arguments on proposed contractual solutions in a linguistically and legally correct, precise and professional way,
- Identify adequate methods of dispute resolution.
Faglige forudsætninger: Students must have a good command of English language (course materials and class instruction will be provided in English).
Eksamensform: Written without supervision (homework assignment), 3 days
Take-home written examination (an essay of between 3500 and 4500 words, incl. references).
Eksamen: 17. - 21. December 2012 (preliminary dates)
Kursus hjemmeside:
Pensum: Daniel C. K. Chow and Thomas J. Schoenbaum: International Business Transactions: Problems, Cases, And Materials. Aspen Publishers 2005 Fabio Bortolotti: Drafting and Negotiating International Commercial Contracts. Wolters Kluwer Law & Business 2009. Collection of regulations and cases provided by the instructor.

Required reading for the examination covers app. 550 pages.
Undervisnings- sprog: Kun engelsk
Sidst redigeret: 24/8-2012



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