Learning outcomes - JUS5230

Achievement requirements

Requirements

Achievement requirements for master’s level (10 credits):

Knowledge:

good understanding of the following topics is required:

  • The system of legal sources applicable to international commercial transactions: International conventions, national law, commercial practice and other forms of lex mercatoria. Harmonization of international contract law.
  • Structure and interaction with the contract of the legal sources in the various phases of a commercial transaction: negotiations, execution of the contract, financing, performance.
  • The main features of formation of contracts, interpretation, the role of good faith and fair dealing, liability and remedies for non-performance in the main legal families (civil law, common law, transnational law).
  • Choice of law rules permitting to determine the law that governs the contract.
  • The relationship between the contractual regulation and mandatory rules of a law that does not belong to the chosen law, e.g. in the fields of competition, import-export regulation, company law and other areas that affect commercial transactions.
  • Dispute resolution: The application of the legal sources by the national courts of law (and rules on choice of forum). International commercial arbitration and application of the legal sources by the international tribunal.

These questions will be illustrated by examples based on typical international transactions. In connection therewith, knowledge of the following topics is required:

  • Typical obligations in contracts of sale, licence, agency, transportation, cooperation (equity and non-equity)
  • Methods of payment.

Skills

This class contributes to preparing the students to work as an international commercial lawyer, which means i.a. practicing within negotiating and drafting contracts, as well as litigating commercial disputes.

General competence

  • Understanding to what extent the parties are free to regulate in their contract their interests without interference from applicable Sources;
  • Understanding which sources are applicable to international contracts, and their main characteristics;
  • Appreciating the main differences if the applicable sources belong to common law or to civil law systems;
  • Understanding the main principles underlying choice of the applicable law;
  • Understanding to what extent international arbitration has an approach to applicable sources that differs from the court's approach.

 

Achievement requirements for bachelor's level (10 credits):

Knowledge

general understanding of the following topics is required:

 

  • The system of legal sources applicable to international commercial transactions: International conventions, national law, commercial practice and other forms of lex mercatoria. Harmonization of international contract law.
  • Structure and interaction with the contract of the legal sources in the various phases of a commercial transaction: negotiations, execution of the contract, financing, performance.
  • Choice of law rules permitting to determine the law that governs the contract.
  • The relationship between the contractual regulation and mandatory rules of a law that does not belong to the chosen law, e.g. in the fields of competition, import-export regulation, company law and other areas that affect commercial transactions.
  • Dispute resolution: The application of the legal sources by the national courts of law (and rules on choice of forum). International commercial arbitration and application of the legal sources by the international tribunal.

These questions will be illustrated by examples based on typical international transactions. In connection therewith, knowledge of the following topics is required:

  • Typical obligations in contracts of sale, licence, agency, transportation, cooperation (equity and non-equity),
  • Methods of payment.

Skills

This class contributes to preparing the students to work as an international commercial lawyer, which means i.a. practicing within negotiating and drafting contracts, as well as litigating commercial disputes.

General competence

  • Understanding to what extent the parties are free to regulate in their contract their interests without interference from applicable Sources;
  • Understanding which sources are applicable to international contracts, and their main characteristics;
  • Understanding the main principles underlying choice of the applicable law;
  • Understanding to what extent international arbitration has an approach to applicable sources that differs from the court's approach.

 

 

Readinglist in Leganto

Published Nov. 26, 2020 5:59 PM - Last modified Nov. 30, 2020 1:08 PM