Goals of the Course(JPN)
Goals of the Course
|The contract of sale is the backbone of international trade in all countries, irrespective of their legal tradition or level of economic development. The United Nations Convention on Contracts for the International Sale of Goods (in short, CISG) is therefore considered one of the core international trade law conventions whose universal adoption is desirable. The adoption of the CISG provides modern, uniform legislation for the international sale of goods that would apply whenever contracts for the sale of goods are concluded between parties with a place of business in Contracting States. By doing so, it aims at avoiding the recourse to rules of private international law to determine the law applicable to the contract, adding significantly to the certainty and predictability of international sales contracts. The course will present in detail the key features of the CISG, also by employing cases taken from real life legal practice.|
Objectives of the Course(JPN)
Objectives of the Course
|The aim of the seminar is to provide students with effective knowledge of the CISG. First, a general overview of the subject will be presented, in order to allow everybody to have a common frame of reference. Then, each single aspect of the Convention will be analyzed in detail, from the scope of application to the remedies granted to the parties. To better understand the interaction between theoretical and normative framework and practical problems, students will have to read and comment also on materials taken from actual cases. After the end of the seminar, students should have acquired a good knowledge of the text and case-law of the CISG, and the main problems and issues which are currently debated among arbitration scholars and practitioners.|
Course Content / Plan
|Structure of the Course / Schedule授業の構成・計画|
1) Introduction to the Seminar
2) Scope of Application
3) Definition of "Goods"
4) General Provisions: Interpretation
5) Formation of the Contract; Freedom of Form
6) General Provisions
7) Interim summary and evaluation
8) Obligations of the Seller
9) Obligations of the Seller (II)
10) Obligations of the Buyer
11) Common provisions: anticipatory breach
13) Damages (II)
14) Summary and evaluation
15) Feedback session
Course Prerequisites and Related Courses
|There is no precondition to take this course|
Course Evaluation Method and Criteria
|50% contribution to the discussion and attendance|
50% Written tests (mid term and final).
Pass: Credit is given for C
In order to pass, students must need to demonstrate a basic understanding of the key principles of the CISG: sphere of application, obligations of the seller and of the buyer, remedies available in case of breach. Students need to take both the mid term and final test to pass.
Students need to take both the mid term and final test to pass. In case they are unable to attend either, they must contact the instructor in advance.
|Due to the peculiar nature of the seminar, there is no need of a general textbook for students. Lessons will be based on readings that will be distributed to students in advance via the NUCT system.|
|Readings will be distributed via the NUCT when needed.|
Study Load(Self-directed Learning Outside Course Hours)
|Students should download and read the power point presentation for each class before the next one (e.g. read the power point for lection 2 before lection 3).|
In case of absence, please contact the instructor to get class notes.
Notice for Students
Lecture format, etc.
Combination of face-to-face and remote (interactive communication class) classes. Remote classes are conducted via Teams, Zoom, etc.
*Guidance will be posted on NUCT if there are any changes in the class format, etc. after registration.
List of hybrid classes employing both face-to-face and remote teaching methods will be posted in the "News" of the homepage of the Graduate School of Law.
*If there are any changes in the teaching methods after the period of course registration, it will be announced on NUCT.
Additional measures for remote class (on-demand class)
Remote classes are conducted via NUCT. Questions to instructors should be asked using the NUCT "Message" function.
Student discussions will be conducted using the NUCT "Message" function. (If the instructor has added the "Forum" function, the "Forum" can also be used.)
Follow your instructor's directions if your instructor has any other directions.