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International Contracts
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International Contracts
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Anno accademico 2019/2020
- Codice dell'attività didattica
- GIU0828B
- Docenti
- Prof. Margherita Salvadori (Titolare del corso)
Prof. Cristina Poncibo' (Titolare del corso) - Insegnamento integrato
- Corso di studi
- Laurea magistrale in European Legal Studies - a Torino (D.M. 270/2004)[0703M21]
- Anno
- 1° anno
- Tipologia
- Caratterizzante
- Crediti/Valenza
- 6
- SSD dell'attività didattica
- IUS/02 - diritto privato comparato
IUS/13 - diritto internazionale - Modalità di erogazione
- Tradizionale
- Lingua di insegnamento
- Inglese
- Modalità di frequenza
- Obbligatoria
- Tipologia d'esame
- Orale
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Sommario insegnamento
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Obiettivi formativi
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.
The course also aims to provide students with a thorough knowledge of international commercial contracts drafting techniques and a deep insight into contract law problems and solutions in a comparative perspective.
The course is intended to provide students with a thorough knowledge of and deep insight into contract law problems and solutions in an international perspective.
The course also aims to provide students with a thorough knowledge of international commercial contracts drafting techniques and a deep insight into contract law problems and solutions in a comparative perspective.
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Risultati dell'apprendimento attesi
By the end of the course, students will be able to:
- identify applicable rules to international contracts, regardless to their origin (national,
supranational, public or private);
- understand the key-factors to be considered in order to choose the best legal structure for a specific international contract (ie applicable law, choice of jurisdiction, main clauses);
- learn how to effectively draft the main clauses of an international contract for the sale of goods;- understand benefits and costs of alternative techniques of international dispute resolution.By the end of the course, students will be able to:
- identify applicable rules to international contracts, regardless to their origin (national,
supranational, public or private);- understand the key-factors to be considered in order to choose the best legal structure for a specific international contract (ie applicable law, choice of jurisdiction, main clauses);
- learn how to effectively draft the main clauses of an international contract for the sale of goods;
- understand benefits and costs of alternative techniques of international dispute resolution.
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Modalità di insegnamento
Interactive lessons and laboratory on international contract drafting
Interactive lessons and laboratory on international contract drafting
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Modalità di verifica dell'apprendimento
Oral Exam and participation in classes.
Oral Exam and participation in classes.
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Attività di supporto
Tutoring
Tutoring
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Programma
The course is held in co-teaching by Professor Salvadori (Private international law) and professor Poncibò (The Law of International Contracts). Salvadori is responsibile for the first part and Poncibò the second part.
The course consists of two parts.
The first part offers the opportunity to become familiar with the national, international and European rules that govern international litigation in civil and commercial matters. Through several practical examples, it will present issues that frequently arise before state courts around the world, such as international jurisdiction, lis pendens, forum non conveniens, anti-suit injunctions, judicial cooperation in civil matters, and the recognition and enforcement of civil judgments. The first part of the course will be mainly devoted to rules of European law (Regulation (EU) n. 1215/2012 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters - Bruxelles I bis; Regulation (EC) n. 593/2008 on the law applicable to contractual obligations -Rome I).
The second part consists of the laboratory of international contract drafting (Poncibò). In the second part, students will analyze recurrent clauses which shall be present in a state-of-the-art international contract for the sale of goods and the main issues which may arise at the moment of its negotiation, at the moment of its drafting and also at the moment of its performance and interpretation. The course also provides for an introduction to agency, distribution and franchising. Therefore, the course will introduce the student to the precontractual liability at the time of negotiation and formation of an international contract and to the main issues related to contract performance, representation and warranties, liability, hardship, termination and remedies for breach of contract. The course will also address main issues regarding the arising of international disputes. For instance, the value and implications of the choice of law clause.
The course consists of two parts.
The first part offers the opportunity to become familiar with the national, international and European rules that govern international litigation in civil and commercial matters. Through several practical examples, it will present issues that frequently arise before state courts around the world, such as international jurisdiction, lis pendens, forum non conveniens, anti-suit injunctions, judicial cooperation in civil matters, and the recognition and enforcement of civil judgments. The first part of the course will be mainly devoted to rules of European law (Regulation (EU) n. 1215/2012 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters - Bruxelles I bis; Regulation (EC) n. 593/2008 on the law applicable to contractual obligations -Rome I).
The second part consists of the laboratory of international contract drafting (Poncibò). In the second part, students will analyze recurrent clauses which shall be present in a state-of-the-art international contract for the sale of goods and the main issues which may arise at the moment of its negotiation, at the moment of its drafting and also at the moment of its performance and interpretation. The course also provides for an introduction to agency, distribution and franchising. Therefore, the course will introduce the student to the precontractual liability at the time of negotiation and formation of an international contract and to the main issues related to contract performance, representation and warranties, liability, hardship, termination and remedies for breach of contract. The course will also address main issues regarding the arising of international disputes. For instance, the value and implications of the choice of law clause.
Testi consigliati e bibliografia
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Professors will inform students at the beginning of the course.
Giuditta Cordero-Moss, International Commercial Contracts. Applicable Sources and Enforceability, Chambridge University Press, 2014 - CHAPTERS FROM 1 TO 4. CHAPTER 5 (INTERNATIONAL COMMERCIAL ARBITRATION) IS NOT INCLUDED.
Professors will inform students at the beginning of the course.
For students who can not attend classes, the recomended text book to prepare the examination is the following:
Giuditta Cordero-Moss, International Commercial Contracts. Applicable Sources and Enforceability, Chambridge University Press, 2014 - - CHAPTERS FROM 1 TO 4. CHAPTER 5 (INTERNATIONAL COMMERCIAL ARBITRATION) IS NOT INCLUDED.
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Note
Intermediate knowledge of English is required (in particular for the part of contract drafting)
Prima lezione lunedì 30 settembre 2019
The first class is scheduled on 30th September 2019
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