26 August 2011
United Nations Convention on Contracts for the International Sale of Goods
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.
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.
Professor Morten Midtgaard Fogt
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).
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.
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,
i- dentify 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.
EUR 0: See website for information regarding fees