Vienna Convention on the Sale of Goods
|Kod Erasmus / ISCED:||
|Nazwa przedmiotu:||Vienna Convention on the Sale of Goods|
|Jednostka:||Wydział Prawa i Administracji|
|Punkty ECTS i inne:||
English legal language abilities are indispensable in order to understand and read foreign law legal texts and basic information on uniform law of international sales of goods, civil law (continental) and common law tradition.
The study comprises of certain selection of more important subjects concerning the principle of uniformity, interpretive methodology of the CISG provisions, filling in gaps, default rules, the importance of trade usages in CISG rule application, the importance of notice, the burden of proof, the formation of sale contract (writing requirements, offer and acceptance rules), the obligations of buyers, the obligations of sellers, the common obligations of buyers and sellers, the breach of contract, damages, excuse and preservation. The lecture’s schedule includes a number of references to municipal legal systems and jurisdiction of some leading countries of common and civil law tradition as good as to the uniform model law (the Principles of European Contract Law, The UNIDROIT Principles of International Commercial Contracts) in the context of harmonization of the European codified civil law systems.
This lecture examines the complex and peculiar relationship among statutory law, case law and contractual practice surrounding the United Nations Vienna Convention on Contracts for the International Sale of Goods (CISG). Harmonization of law of sale contracts executed internationally stimulates the development of commerce, amounting to the development of global, uniform market which is more friendly, open to all who wish to take part in. It does make consistent jurisdiction widespread, have the tremendous impact on transformation of legal and economic relationships between professionals. It would, therefore, seem appropriate to analyze by comparison and to investigate at first instance these issues of law of obligation which further evolution is fully dependant on uniformity among the national legal systems both of the continental and common law origin.
The study comprises of certain selection of more important subjects concerning the principle of uniformity, interpretive methodology of the CISG provisions, filling in gaps, default rules, the importance of trade usages in CISG rule application, the importance of notice, the burden of proof, the formation of sale contract (writing requirements, offer and acceptance rules), the obligations of buyers, the obligations of sellers, the common obligations of buyers and sellers, the breach of contract, the duties of the party in breach, damages, excuse and preservation. Throughout the seminar the theoretical themes and case law are to be presented in order to gain insight into the diverse interpretations rendered on the general and often vague CISG provisions. Cases are intended to be described and analyzed to determine interpretive trends such as applicability of CISG, evolving default rules or factors evaluation.
Taking into account the successful ratification and the global range of CISG, the seminar schedule includes a number of references to municipal legal systems and jurisdiction of some leading countries of common and civil law tradition as good as to the uniform model law (the Principles of European Contract Law, The UNIDROIT Principles of International Commercial Contracts) in the context of harmonization of the European codified civil law systems.
P.SCHLECHTRIEM, I. SCHWENZER, “Commentary on the UN Convention on the International Sale of Goods (CISG)”, Oxford, 2016; There is the edition of the commentary in German and Spanish first published in 2007.
C.M.BIANCA & M.J.BONELL (ed.), "Commentary on the International Sales Law: The 1980 Vienna Sales Convention", Milan, 1987;
F.ENDERLEIN & D.MASKOW, "International Sales Law", New York, Oceania, 1992;
R. HERBER, B. CZERWENKA, “Internationales Kaufrecht, Kommentar zu dem Übereinkommen der Vereinten Nationen von 11. April 1980 über Verträge über den internationalen Warenverkauf”, München, 1991; J.HONNOLD, “Documentary History of the Uniform Law for International Sales", Deventer: Kluwer, 1989;
J.HONNOLD, "Uniform Law for International Sales under the United Nations Convention", Deventer & Boston: Kluwer, wyd.3, 1999;
K.H.NEUMAYER, C.MING, „Convention de Vienne sur les Contrats de Vente Internationale de Marchandises, Commentaire”, édité par F.Dessemantet, CEDIDAC, Lausanne, 1993;
www.uncitral.org Case Law CLOUT cited as for example http://cisgw3.law.pace.edu/cisg/wais/db/cases2/050228 www.globalsaleslaw.org (www.CISG-online.ch) (cited as: CISG-online no.), or “International Case Law & Bibliography on the UN Convention on Contracts for the International Sale of Goods”, UNILEX, editor M.J.Bonell, Transnational Publishers Inc., New York, first published 1995, cited as UNILEX, D or E.1997.3 e.g.
Model Law (soft law)
the Principles of European Contract Law (PECL) and
see also www.sellier.de
the UNIDROIT Principles of International Commercial Contracts (UNIDROIT Principles) www.unidroit.org/english/principles
UNCITRAL Law on Electronic Commerce 1996 and UN Convention (does not enter into force yet) on Use of Electronic Communications in International Contracts 2005 (UNCUECIC) – uncitral.org/en/uncitral_texts
|Efekty uczenia się:||
The ability of rational thinking and critic, comparative analyzing of the discussed subject matters capacity of appropriate presentation and description of legal topics (written presentation (papers) is to be prepared individually. The English legal language skills strongly recommended.
|Metody i kryteria oceniania:||
The students who are going to prepare written presentations are to be evaluated in acc. with their legal language skills, the ability of reasonable presentation and description of legal issues concerning the uniform law of international sale of goods, the method and form of interpretation, the legal English abilities. The students are supposed to present the papers (no more than 21 standardized pages) on the topic individually chosen and accepted by the tutor referring to the UN Vienna Convention. Their writing abilities are to be estimated, the style, the way of use of bibliography, the correct references to the footnotes.
Zajęcia w cyklu "Semestr zimowy 2023/24" (w trakcie)
Właścicielem praw autorskich jest Uniwersytet Warszawski, Wydział Nauk Ekonomicznych.