Syllabus

Title
0095 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
09/24/20 to 10/16/20
Registration via LPIS
Notes to the course
Subject(s) Master Programs
Dates
Day Date Time Room
Tuesday 10/20/20 02:00 PM - 04:00 PM Online-Einheit
Procedure for the course when limited activity on campus

In case the class cannot meet in person due to restrictions in force, the entire class will be held online, including the quizzes and the final exam. A first live online session presenting the course structure and key aspects is tentatively scheduled for Tuesday, October 20, 2 p.m.-4 p.m. During this first real-time class, three further live online sessions will be scheduled jointly with the students in order to avoid overlaps and conflicts with other classes to the extent possible. Between the live sessions, students will be required to watch recordings of offline sessions that will present the essence of the subjects covered. The afore-mentioned further live sessions will give further details, discuss case examples and give opportunity for questions and feedback. The quizzes will be held after the second and after the fourth live session. The final exam will be a combination of essay questions and - if held online - be open-book.

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 in particular 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.

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: Zöchling-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
Prerequisites for participation and waiting lists

Students are expected to understand basic concepts of contract law. 

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. Should the class be held online, video recordings of presentations will also be put online.
Unit details
Unit Date Contents
1 06.11.2020

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

2 07.11.2020

Selected aspects of contract law in a comparative perspective

3 20.11.2020

Conflict of laws I (introduction, contract conflicts)

4 21.11.2020

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

5 04.12.2019

Final exam (or on one of the two following Fridays should students so decide)

6 11.12.2020

Alternative date for the final exam

7 18.12.2020

Alternative date for the final exam

Last edited: 2020-06-30



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