Syllabus

Title
0143 Introduction to the Law of International Commerce and International Private Law
Instructors
Prof.Dr. Bernhard A. Koch
Contact details
  • Type
    PI
  • Weekly hours
    2
  • Language of instruction
    Englisch
Registration
09/26/18 to 10/21/18
Registration via LPIS
Notes to the course
Subject(s) Master Programs
Dates
Day Date Time Room
Friday 11/30/18 01:00 PM - 06:00 PM D3.0.233
Saturday 12/01/18 09:00 AM - 02:30 PM D3.0.233
Friday 12/14/18 12:30 PM - 05:30 PM D3.0.225
Saturday 12/15/18 09:00 AM - 02:30 PM D3.0.233
Friday 12/21/18 12:00 PM - 02:00 PM TC.1.01 OeNB

Contents

The class will analyze private law problems of cross-border transactions, starting with a brief introduction to the differences of legal systems and advantages and challenges of forum shopping. Harmonization of private law is the next topic, dealing more specifically inter alia with the examples of the UN Sales Convention, the Unidroit Principles of International Commercial Contracts and the Incoterms. Past and current efforts of harmonizing contract law within the EU will also be presented. Selected aspects of contract law will be discussed from the perspective of various national systems as well as the Sales Convention, the Principles of European Contract Law, and the Unidroit Principles of International Commercial Contracts. The second half of the class will be devoted to conflicts of laws that may arise in business settings, and how the Rome I and II Regulations resolve these.

Learning outcomes

On successfully completing the course, students will understand the basics of cross-border contracting and in particular problems of conflict of laws (Internationales Privatrecht). The Convention on the International Sale of Goods (UN-Kaufrecht) will be compared to other international instruments.

Attendance requirements

Students are supposed to attend at least 75% of all classes. Bear in mind that this class will meet on only four days!  Any further absence will only be tolerated if the student can provide a reasonable justification supported by written evidence (e.g. medical attestation).

Teaching/learning method(s)

Lecture following Powerpoint slides with active participation of the students.

Assessment

There will be two written multiple-choice quizzes at the end of each weekend (Saturday early afternoon, worth 15% each towards the final grade) and one written final exam, the latter counting 70% towards the final grade. Details will be explained in class. Active participation.

Prerequisites for participation and waiting lists

Students are expected to understand basic concepts of contract law. 

Readings

1 Author: Thiede/Koch/Ortner (eds.)
Title:

Internationales Privat- und Verfahrensrecht/Conflict of Laws


Publisher: Jan Sramek Verlag
Edition: 5 (or newer)
Year: 2018
Content relevant for class examination: Yes
Content relevant for diploma examination: No
Recommendation: Strongly recommended (but no absolute necessity for purchase)
Type: Book
2 Author: Jud/Aspöck
Title: Internationales Privatrecht

Publisher: LexisNexis
Edition: 3
Year: 2015
Content relevant for class examination: Yes
Content relevant for diploma examination: No
Recommendation: Reference literature
Type: Script
3 Author: Lurger/Melcher
Title: Bürgerliches Recht VII: Internationales Privatrecht

Publisher: Verlag Österreich
Edition: 2
Year: 2017
Content relevant for class examination: Yes
Content relevant for diploma examination: No
Recommendation: Reference literature
Type: Book

Recommended previous knowledge and skills

Basic knowledge of contract law

Availability of lecturer(s)

Please contact me by e-mail at b.a.koch@uibk.ac.at!

Other

Materials for both weekends are available for download under "Learning activities" in the "Study & Practice" section.

Unit details

Unit Date Contents
1 30.11.2018

Introduction, harmonization of private law (presentation of key players and important achievements so far)

2 01.12.2018

Selected aspects of contract law in a comparative perspective

3 14.12.2018

Conflict of laws I (introduction, contract conflicts)

4 15.12.2018

Conflict of laws II (contract conflicts ctd, tort law and unjust enrichment, property law)

5 21.12.2018

Final exam

Last edited: 2018-10-16



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