96106 - INTERNATIONAL CONTRACTS

Course Unit Page

SDGs

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.

Decent work and economic growth Industry, innovation and infrastructure Peace, justice and strong institutions Partnerships for the goals

Academic Year 2021/2022

Learning outcomes

This course aims at providing the participants with tools useful in the negotiation and the drafting of international contracts, through the analusis of the clauses and models most commoly used in the field of international business transactions. In particular, several aspects will be dealt with in details, relating to the sources of law for international contracts, the means of supranational legal harmonization and the role played by the parties’ freedom of contract. Moreover, along with the analysis of general issues and clauses, the course will devote particular attention to some specific international contracts, among which contracts for the sale of goods, contertrade, buy-back and escrow agreements, commercial agency and distribution, financial agreements, securitization and payment systems, agreements for the supply of services. Most of the course will be in English and materials in English will be used for class discussion.

Course contents

NOTE: although the course will be held in English, no specific linguistic skills are required. The course may be attended also by students with a limited knowledge of English.

Topics: 1. Sources of International contracts. - 2. Alternative disputes resolution - 3. International arbitration - 4. Domestic litigation. - 5. Negotiation and formation of an international contract and precontractual liability. - 6. Contract performance, representation and warranties, liability and relevant clauses. - 7. Termination and remedies for breach of contract. - 8. International sale of goods and CISG - 9. International supply contracts - 10. International license contracts and other relevant IP agreements - 11. Joint ventures.

During the course peculiar attention will be granted to contract drafting and to the relevant main issues.

Please NOTE: the course incorporates the seminar of "Legal translation and comparison within international contracts". Attending students will be informed about the relevant educational material. The seminar includes activities whereby students are challenged to deal with peculiar issues of the legal translation and comparison within the field of international contracts.

Readings/Bibliography

F. Bortolotti, Il Contratto internazionale - Manuale teorico/pratico, II edizione, Cedam, Padova, 2017, pp. 3-400.

Or, alternatively:

A. Busani, Il contratto di compravendita internazionale, Giappichelli, Torino, 2015.

Or, alternatively: Aldo Frignani, Marco Torsello, Il contratto internazionale. Diritto comparato e prassi commerciale, Cedam, Padova, 2010 (Capp. VII- XVII).

Note: specific educational material will be available to attending students

Teaching methods

Interactive lessons, analysis and drfating of model clauses and contracts.

Assessment methods

Oral exam for non-attending students. 

Attending students will be granted ad hoc final exam.

The students’ knowledge is assessed through a discussion, to evaluate the actual achievement of the learning outcomes. The exam consists in an interview with the appointed commission on the topics included in the programme.

The assessment will take into account the knowledge of the relevant institutional framework, the ability to analyse the issues related to international contracts and, to single out connections between the relevant topics, to critical reasoning, as well as the clarity of presentation and critical thinking.

NOTE: linguistic skills do not affect the outcome of the final exam


Teaching tools

Educational material will be uploaded and made available in ad hoc e-learning space, as well as slides related to the main topics dealt with during the course.

Students with disabilities or with specific learning disorders (DSA), needing compensatory measures, shall inform the Professor in order to arrange the adoption of adequate means. 


Office hours

See the website of Laura Maria Franciosi