BDM302K International business transactions I

Faculty of Law
Autumn 2023
Extent and Intensity
0/0/0. 5 credit(s). Type of Completion: k (colloquium).
Taught online.
Teacher(s)
JUDr. Bc. Radovan Malachta, Ph.D. (lecturer)
doc. JUDr. Jiří Valdhans, Ph.D. (lecturer)
JUDr. Lukáš Grodl (assistant)
Guaranteed by
doc. JUDr. Jiří Valdhans, Ph.D.
Department of International and European Law – Faculty of Law
Contact Person: Jana Dopitová
Supplier department: Department of International and European Law – Faculty of Law
Prerequisites (in Czech)
! OBOR ( PR ) && ! OBOR ( PR01 ) && ! PROGRAM ( N - VS )
Course Enrolment Limitations
The course is also offered to the students of the fields other than those the course is directly associated with.
fields of study / plans the course is directly associated with
Course objectives
The aim of the subject is to acquaint students with the basic principles of the regulation of international business transactions in general and, in particular, purchase and sale transactions. Therefore, after a brief introduction to the general issue of determining the legal regime of business transactions with an international element, the emphasis will be placed on the legal regulation of the purchase contract with an international element. Emphasis will be placed on the unified regulation in the UN Convention on Contracts for the International Sale of Goods.
Learning outcomes
After completing the course, the student will be able to: - identify the sources of legal regulation of the transaction of purchase and sale with an international element, - for the purposes of a specific transaction, evaluate the application of direct regulation in the UN Convention on Contracts for the International Sale of Goods (Vienna Convention), - orient himself in the basic institutions of this international convention, - propose a solution to typical disputed questions in the seller-buyer relationship according to this international convention.
Syllabus
  • 1. Placing international trade transactions in the context of international trade law. 2. The scope of application of the UN Convention on Contracts for the International Sale of Goods (CISG). 3. The regulation of the rights and obligations of the parties to a contract of sale - what all governs the rights and obligations of the parties. 4. The form and interpretation of the GC. 5. The contracting process (the process of concluding a sales contract). 6. Obligations of the seller in general. The question of "where" and "when" to deliver the goods. Liability for delay. 7. Obligations of the seller - the question of "what" to deliver. Liability for defects. 8. Complaints process and buyer's claims. 9. Buyer's obligations and seller's claims. 10. Compensation for damages. Liability for damages. 11. Exclusion of liability for damages (force majeure). Hardship. 12. Other issues: liquidated damages, interest for delay, obligation to preserve goods, Articles 71 and 73 of the General Law.
Literature
Teaching methods
The teaching will be carried out in a synchronous form through three continuous mandatory group consultations carried out in the MS Teams environment. The methods of group teaching, critical thinking and project learning in connection with the solution of typical problems from practice will be implemented. Emphasis will be placed both during teaching and during verification of acquired knowledge on providing feedback, not frontal teaching.
Assessment methods
Written assignment of a practical typified legal problem within the framework of a purchase sale transaction using the open-book method.
Language of instruction
Czech
Further comments (probably available only in Czech)
The course is taught annually.
Information on the extent and intensity of the course: 12 hodin online konzultací za semestr.

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