Corsi di Studio del Dipartimento di Giurisprudenza

Materials have been uploaded on Moodle.

https://elearning.unito.it/scuolacle/course/view.php?id=278

The reading of such materials is compulsory.

For any enquiry: emai margherita.salvadori@unito.it

This course is intended to provide students with a thorough knowledge of and deep insight into contract law problems and solutions in an international perspective.

In particular by the end of the course the students will be able to: 

-  identify rules applicable to international contracts, having regards to both their origin (national, supranational or private);

-  understand the factors to be taken into account to choose the best legal structure for a specific international contract;

Classes will be structured to optimize interactivity, using some lectures, but mostly the Socratic Method – including “cold call” questioning – along with student presentations and a mock trial.

Student responsibilities include:

• Attending class, being punctual. Time allotted to meeting in class is little and precious;
• Reading the assigned material BEFORE the class in which it is to be discussed;
• Being prepared to participate fully and actively in class discussions and projects based on methodology described in documents distributed and discussed in initial class meetings and throughout the semester;
• Taking notes during class as appropriate;
• Having all assigned readings and notes at each class session;
• Performing the research necessary for the class;
• Speaking in class and asking questions as appropriate;
• Asking questions to solve any difficulty you may encounter during the course.

Esame orale e partecipazione in aula.

Tutoraggio

Il corso sarà tenuto dalla prof. Elise POILLOT (Professore di Diritto civile all'Università di Lussemburgo, co-direttore del Master in European Private Law, direttore della Consumer Law Clinic), in collaborazione con la Prof.ssa Salvadori (Diritto internazionale privato)

The course consists of two parts.

The first part is dedicated to the sources of international contract law and international sales law. In this part the major subjects covered will be the sources of international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG; the Vienna Convention).

The second part is dedicated to regional contract law. In this part a number of important EU directives will be covered but some attention will also be paid to academic projects regarding European contract law. A special reflection will be dedicated to the challenge of digitalisation of contracts (mainly online platforms) in an international context.

Classes will more specifically cover:

Part I:

#1: Introduction of Professor and students. Presentation of teaching methods. Review of classes topics, material and textbooks.

#2: Sources and Methods of International Contracts: Definitions and Discussion of what is Global, Regional and European Contract Law.

#3: CISG: Opting In and Opting Out. Transactions Covered. Definition of a Sales Contract

#4: Case study The CISG: a Fake Uniformity? Reading and discussion of a Court’s decision.

#5: Case study Conveying Property. This class will rely on problem-based learning. Students will have to sole a concrete case.

#6: Review of the case study. Conveying Property in Sales Contracts: a comparative approach.

#7: Standards of Performance. Fundamental Breach.

#8: Seller’s obligations. Buyer’s Obligations.

Part II.

#9: European Contract Law, the Way Forward. Sources of European Contract Law & Methods of Legal Integration.

#10: The Rise and Fall of European Contract Law: From a European Civil Code to proposal of Directives on Conformity in Sales.

#11: Specific Contracts: the Gate to European Contract Law.

#12: The European Contractual Core: Consumer Contracts

#13: Digitalization: a Challenge for International Contracts, a EU Case Study on Digital Platforms

#14: Final Mock Trial

I docenti forniranno dei chiarimenti all'inizio del corso.

Gli studenti che non frequentano il corso, possono preparare l'esame sul volume:

Giuditta Cordero-Moss, International Commercial Contracts. Applicable Sources and Enforceability, Chambridge University Press, 2014