29251 - International Contract Law

Learning outcomes

At the end of the course, the student masters the legal instruments of contractual negotiation taking place in the global market, with peculiar reference to the identification of the international and transnational sources of law and of the arbitration practices regulating economic exchanges. The student is thus able to professionally act in the field of international trade and of international organizations of business activity and of non profit organizations.

Course contents

The course is divided into three parts.

The first part, having an introductory nature, is aimed at explaining the system of sources of international contracts: the so called lex mercatoria, through Unidroit principles, international treaties, among which the European Union Treaty, uniform law conventions, among which the Vienna Convention on the international sale of goods, international private law, domestic laws (such as those on electronic trade).

The second part, having a basic fundamental character, relates to international contract or transnational contract in general terms: it regards formation, construction and termination of international or transnational contract. In this context one will examine the drafting techniques related to standard contracts: those related to business to business contracts, aimed at regulating relationships among different countries enterprises, and those related to business to consumers contracts, aimed at being enforceable in relationships between a single enterprise and different countries consumers.

The third and last part is aimed at explaining peculiar features of major international or transnational contracts, marking the difference in respect to the correspondent domestic contracts: international sale of goods and its peculiar implementation features, counter trade contracts and compensating trade (buy back on providing all-inclusive system, electronic trade contract), agency and other contracts for business achievement and promotion, exclusive sale right, factoring, transnational franchising, international leasing and computer contracts.

Readings/Bibliography

Exam textbooks: - F. GALGANO - MARRELLA, Diritto del commercio internazionale, Cedam, Padova, last edition. Further instructions will be given during lectures.

Assessment methods

Oral examination.

Students who attend (frequent) class can arrange to present their thesis (by slides) concerning transnational contracts.

Office hours

See the website of Nadia Zorzi