授業の目的 【日本語】
Goals of the Course(JPN) | | |
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授業の目的 【英語】
Goals of the Course | | | In this course the students will master the "life" of one of the most used contracts in international business: the sales contract. The students will be able to comprehend and discuss actively about the formation , the obligations, the violation and the remedies of a sales contract through the lens of one of the most successful conventions:the CISG. At the same time, the CISG will be learnt and discussed in comparison with the japanese legal system and the students' own country legal framework in order to learn the differences between the CISG and national systems in terms of sales contracts. |
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到達目標 【日本語】
Objectives of the Course(JPN) | | |
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到達目標 【英語】
Objectives of the Course | | | With this course, the students will be able to comprehend and above all prevent potential future problems in an international sale between their own country and Japan providing effective solutions in terms of contract drafting. |
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授業の内容や構成
Course Content / Plan | | This course is designed to provide a wide perspective about the legal basis and the most common legal problems we may find in international sales applying the CISG. In general, each of the legal topics shall be addressed for one (1) day of the course although, depending on the student interest and class participation, we may spend more than one day on a single legal topic. The course will be conducted in a modified Socratic format consisting of lectures and class discussion regarding assigned practical cases and tribunal decisions.
The lecturer is going to compare the CISG with the Japanese legal system and the students should give their own contribution explaining the perspective of their own country legal systems through brief presentations. Finally, the students will write a report about a topic discussed in class, compare it to the legal systems in their own country and presenting the potential problems of interpretation/ application of the CISG that may arise in their own country.
The course will examine the following points:
1. (Sessions 1-3) Managing an international sale/Contract formation under the CISG: we are going to analyze the multiple methods we can use to determine the binding rules for an international sales contract. Secondly, we are going to analyze the general rules of the CISG with particular attention to its applicability and contract formation issues such as conflicts between different terms & conditions in standard contracts. The students are supposed to research about their own country legal framework and prepare a 10 minutes presentation about sales contract formation in their own country in case of a sales contract.
2. (Sessions 4-6) Seller obligations / Buyer obligations: We will learn the basis of the obligations arising from an international sales contract for both sides with particular attention to non -conformity of goods, payments, and condition of transportation. The students are supposed to research about their own country legal framework and prepare a 10 minutes presentation presenting the seller/buyer obligations of their own country in case of a sales contract.
3. (Sessions 7-9) Violation of contract/remedies: We will see all the cases of violation of a sales contract and the remedies thereof given by the CISG. The students are supposed to research about their own country and prepare a 10 minutes presentation presenting the system fo remedies of their own country in case of a sales contract.
4. (Sessions 10-12) The passing of risk/interests/force majeure/hardship: in this session we are going to look into the problem of passage of risk and interests in the CISG. In addition we are going to practice the INCOTERMS as a valid alternative to the CISG and each internal system. The students should prepare a 10 minutes presentation about their own country's system. Secondly, we are going to discuss the insidious problem of force majeure and hardship discussing some leading cases with particular attention to the problem with Corona Virus and its compatibility with the force majeure/hardship issues.
5. (Sessions 13-15)Terms & conditions and their interpretations/report plan. In this session we are going to look into the drafting and the interpretation of the conditions on the back side of the contract usually called "boiler-plate" conditions. The students are supposed to do some research beforehand about their own country legal framework on each legal point we are going to discuss. We are going to look at the various possible intepretations of boiler-plate conditions and the potential traps hidden in the various legal systems. Finally, there will be a discussion about the final report and the topics chosen by the students. |
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履修条件・関連する科目
Course Prerequisites and Related Courses | | | There is no prerequisite to take this course. |
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成績評価の方法と基準
Course Evaluation Method and Criteria | | For each class session, students are expected to: (a) have read all the assigned reading material and (b) be prepared to proactively discuss through active participation in class discussions. (c) Each student will be expected to write a paper of 2,500-3,500 words (excluding footnotes/citations) on a topic of their choosing relevant to the course content.
Report 50%, Contribution to the lecture 50%.
Credit is given to C- or C (where applicable) or higher grade for each criterion. |
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教科書・参考書
Textbook/Reference Book | | | There is no specific textbook that will be used in connection with the class, although there will be substantial readings provided by the instructor consisting of excerpts from textbooks, cases and statutes as well as instructor-generated class problems. |
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課外学習等（授業時間外学習の指示）
Study Load(Self-directed Learning Outside Course Hours) | | | Students are required to read all the assigned reading material in advance and be prepared for discussions in class. |
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注意事項
Notice for Students | | |
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使用言語
Language(s) for Instruction & Discussion | | | The class will be conducted in English. |
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授業開講形態等
Lecture format, etc. | | 対面で実施します。
Classes will be held in-person. |
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遠隔授業（オンデマンド型）で行う場合の追加措置
Additional measures for remote class (on-demand class) | | |
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