DOPVPM01 Selected Questions of Uniform Substantive Law

Faculty of Law
Autumn 2021
Extent and Intensity
0/0/0. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
doc. JUDr. Klára Drličková, Ph.D. (lecturer)
Guaranteed by
doc. JUDr. Klára Drličková, Ph.D.
Department of International and European Law - Faculty of Law
Prerequisites
Basic knowledge of UN Convention on Contracts for the International Sale of Goods (CISG).
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
Although the CISG is the key instrument regulating international sales contracts, the resolution of a number of issues related to international sales contracts is not clear from its perspective. This is for example the issue of the burden of proof, the issue of battle of forms or the issue of hardship. Also, the relationship between the CISG as unified substantive law and conflict-of-laws rules still raises questions, especially in the case of the application of the CISG by arbitrators. The first (general) objective of this course is to understand the relationship between unified substantive rules and conflict-of-laws rules on the example of the CISG. The aim is to analyze the gaps of the CISG, to evaluate the possibility of using the principles of the CISG in filling the gaps including the possibility of using the UNIDROIT Principles on International Commercial Contracts Contracts and especially to evaluate the use of the conflict-of-laws methods in filling the gaps. Attention will be paid to the relationship of both types of rules from the point of view of both national courts and arbitrators. The second (specific) aim of this course is to analyze possible solutions of selected problematic issues - burden of proof, battle of forms and hardship.
Learning outcomes
At the end of the course students should be able:
to identify and describe the relationship between unified substantive and conflict-of-laws rules on the example of the application of the CISG; to compare the difference in this relationship from the point of view of national courts and arbitrators; to analyze the ways of filling the gaps of the CISG and to evaluate the role of the principles of the CISG and the conflict-of-laws rules in filling these gaps; to analyze possible solutions of selected issues from the perspective of the CISG and to propose the most suitable solution
Syllabus
  • Relationship between uniform substantive rules and conflict-of-laws rules in Private International Law.
  • Basic characteristics of the CISG.
  • Ways of application of the CISG by national courts and arbitrators.
  • Gaps of the CISG and ways of their filling.
  • Burden of proof and its regulation in the CISG.
  • Battle of forms and its regulation in the CISG.
  • Hardship and its regulation in the CISG.
Literature
    required literature
  • CISG Database https://iicl.law.pace.edu/cisg/cisg
  • UN convention on contracts for the International Sale of Goods (CISG) : a commentary. Edited by Stefan Kröll - Loukas A. Mistelis - Pilar Perales Viscasillas. Second edition. München: C.H. Beck, 2018. lxxxiv, 12. ISBN 9783848745913. info
  • CISG (Úmluva OSN o smlouvách o mezinárodní koupi zboží) : komentář. Edited by Luboš Tichý. Vydání první. V Praze: C.H. Beck, 2017. xxiii, 412. ISBN 9788074006494. info
  • SCHLECHTRIEM, Peter. Commentary on the UN convention on the international sale of goods (CISG). Edited by Ingeborg H. Schwenzer. Fourth edition. Oxford: Oxford University Press, 2016. cxiv, 1602. ISBN 9780198723264. info
  • Commentary on the UNIDROIT principles of international commercial contracts (PICC). Edited by Stefan Vogenauer. Second edition. Oxford: Oxford University Press, 2015. cclxxxiii,. ISBN 9780198702627. info
  • ROZEHNALOVÁ, Naděžda. Právo mezinárodního obchodu. 3., aktualiz. a dopl. vyd. Praha: Wolters Kluwer Česká republika, 2010. 549 s. ISBN 9788073575625. info
  • CISG Methodology. Edited by André Janssen - Olaf Meyer. Munich: Sellier. European Law Publishers, 2009. xii, 395. ISBN 9783866530706. info
  • HUBER, Peter and Alastair MULLIS. The CISG : a new textbook for students and practitioners. München: Sellier. European Law Publishers, 2007. xxiii, 408. ISBN 9783866530201. info
Teaching methods
Reading, class discussion
Assessment methods
Preparation of presentation of the chosen topic approved by the teacher in advance, presentation of the chosen topic at the collective seminar, discussion on the presented topics.
Language of instruction
Czech
The course is also listed under the following terms Autumn 2020.
  • Enrolment Statistics (Autumn 2021, recent)
  • Permalink: https://is.muni.cz/course/law/autumn2021/DOPVPM01