Syllabus

Title
0091 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
09/22/21 to 09/24/21
Registration via LPIS
Notes to the course
Subject(s) Master Programs
Dates
Day Date Time Room
Tuesday 10/12/21 05:00 PM - 06:30 PM Online-Einheit
Tuesday 11/02/21 05:00 PM - 06:30 PM Online-Einheit
Saturday 11/06/21 11:00 AM - 11:15 AM Online-Einheit
Tuesday 11/16/21 05:00 PM - 06:30 PM Online-Einheit
Tuesday 12/14/21 05:00 PM - 06:30 PM Online-Einheit
Saturday 12/18/21 11:00 AM - 11:15 AM Online-Einheit
Tuesday 12/21/21 05:00 PM - 06:30 PM Online-Einheit

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

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 scheduled for Tuesday, October 12, 11:00-12:30. 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. Two quizzes will be held after the second and after the fourth live session respectively. The final online exam will be a combination of essay questions and be open-book. Students are supposed to attend at least 75% of all live sessions.

Teaching/learning method(s)

Four live sessions online plus recorded lectures to be watched in between. The slides used during the live sessions and the recorded lectures will be available as PDF files.

Assessment

There will be two online single-choice quizzes at the end of the second and of the fourth live online session (dates to be agreed upon). The results of theses two quizzes will each be worth 15% of the final grade (so 30% together). The remaining 70% of the final grade will be determined by your performance in the final (online) exam, which will be open book. Details will be explained during the live sessions.

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: 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: 3
Year: 2020
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. Should the class be held online, video recordings of presentations will also be put online.

Unit details

Unit Date Contents
1

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

2

Selected aspects of contract law in a comparative perspective

3

Conflict of laws I (introduction, contract conflicts)

4

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

5

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

Last edited: 2021-07-19



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