Corsi di Studio del Dipartimento di Giurisprudenza

 

This course is designed with the primary objective of equipping students with an in-depth knowledge of fundamental concepts, key actors, and the legal foundations of international trade. This knowledge is essential to understand the dynamics of international contracting in global markets, both at the European and international levels.

Moreover, embracing a dynamic approach that integrates theoretical and practical knowledge, this course aims at providing students with the essential skills required to work in the field of international contracting.

The acquisition of these essential skills serves as a strategic asset, greatly enhancing students' professional prospects. With this knowledge and expertise, they are well-equipped to pursue diverse career paths, including roles as corporate lawyers, professionals in European Union institutions, or valuable contributors to international organizations within the field of international trade.

 

Upon successful completion of this course, students will have acquired the following key competencies:

Knowledge and Understanding

• Students will be able to identify and distinguish the legal rules applicable to international contracts, taking into account their source (national, supranational, or private) and legal nature.

• They will understand the main factors influencing the selection of the most appropriate legal framework for a given international contract or global value chain.

• Students will be capable of effectively interpreting and analyzing the legal provisions governing international contracts, demonstrating a solid understanding of their structure and implications.

Skills

• Students will be able to apply legal reasoning to concrete case studies involving cross-border transactions and international contractual arrangements.

• Through practical exercises, students will become proficient in reading, interpreting, and critically assessing court judgments and arbitral decisions related to international contracts.

The course focuses on the United Nations Convention on Contracts for the International Sale of Goods (CISG – Vienna Convention) and its application in cross-border commercial transactions. It addresses both theoretical foundations and practical implications. The main topics covered include:

1. Introduction to International Sales Law

   • The need for unification and harmonization of international sales law

   • The role of the CISG in the broader context of international commercial law

   • Historical background and drafting process of the CISG

   • The CISG Advisory Council and the use of international case law databases

2. Scope of Application of the CISG

   • Criteria for determining when the CISG applies to a contract

   • Essential elements to establish the “international” nature of a transaction

   • Exclusions from the scope of the CISG (e.g., consumer sales, auctions, services)

3. Contract Formation under the CISG

   • Formation of contracts: offer and acceptance

   • The “battle of the forms” and how it is addressed under the CISG

   • Rules on modification and termination of contracts

4. Obligations of the Parties

   • Obligations of the seller: delivery, conformity of goods, and transfer of risk

   • Obligations of the buyer: payment, taking delivery

   • Remedies for non-performance or non-conformity

   • The passing of risk between parties

5. Breach of Contract and Remedies

   • Definition and classification of breach under the CISG

   • The notion of fundamental breach

   • Remedies available to buyers and sellers: specific performance, damages, price reduction, contract termination

6. Interpretation and Practical Application

   • Interpretation of CISG provisions in light of international uniformity

   • The role of trade usages, customs, and prior dealings

   • The relationship between the CISG and domestic legal systems

   • Case studies and practical exercises illustrating the CISG in action

 Lectures covering both the discussion of theoretical aspects and the examination of practical cases. Students engagement is a prerequisite for critical learning and developing the ability to independently apply theoretical knowledge to solve case studies. In order to encourage students engagement, during classes they will be invited to discuss practical cases and theoretical issues, under the guidance of the teacher.

 The final examination includes both multiple-choice questions and open-ended questions based on a case scenario. The exam is designed to evaluate students’ understanding of theoretical concepts, as well as their ability to apply legal reasoning to practical situations.

The examination is closed book: students are not allowed to consult the text of the CISG, textbooks, notes, commentaries, or any other materials during the exam.

                                                                                                                                                                                                                                       

 The course is scheduled to take place during the second semester, on Tuesdays and Wednesdays, from 6 p.m. to 8 p.m.