030375 KU General contract theory. Formation of the contract. General conditions of the contract. (2025S)

4.00 ECTS (2.00 SWS), SPL 3 - Rechtswissenschaften

Continuous assessment of course work

Mo 02.06. 09:00-12:00 Seminarraum SEM52 Schottenbastei 10-16, Juridicum 5.OG

Registration/Deregistration

Note: The time of your registration within the registration period has no effect on the allocation of places (no first come, first served).

Registration is open from Tu 18.02.2025 00:01 to Mo 31.03.2025 23:59
Deregistration possible until Mo 02.06.2025 23:59

Details

max. 40 participants

Language: Spanish

Lecturers

Ana Canizares Laso

Classes (iCal) - next class is marked with N

N Monday 02.06. 09:00 - 12:00 Seminarraum SEM52 Schottenbastei 10-16, Juridicum 5.OG
Tuesday 03.06. 09:00 - 12:00 Seminarraum SEM52 Schottenbastei 10-16, Juridicum 5.OG
Wednesday 04.06. 09:00 - 12:00 Seminarraum SEM52 Schottenbastei 10-16, Juridicum 5.OG
Thursday 05.06. 13:00 - 16:00 Hörsaal U14 Schottenbastei 10-16, Juridicum, KG1
Tuesday 10.06. 09:00 - 12:00 Seminarraum SEM34 Schottenbastei 10-16, Juridicum, 3.OG
Wednesday 11.06. 09:00 - 12:00 Seminarraum SEM41 Schottenbastei 10-16, Juridicum, 4.OG

Information

Aims, contents and method of the course

I. General contract theory
1. Concept and recent development
2. Types of Contracts
3. Party autonomy and its limits

II. Essential elements of contracts
1. Consent of the parties
2. The object of the contract and its requirements
3. The “causa”: concept and requirements

III. Formation and perfection of contracts
1. Contract formation by negotiation: preliminary discussions and pre-contractual liability
2. Contract formation by attachment: standard terms
3. Standard terms control

IV. Form and interpretation of contracts
1. Formal requirements: guiding principles
2. Contract interpretation: hermeneutic means and complementary rules
3. Contract supplementation

V. Effects of contracts
1. General effects of contracts
1.1 The principle of relativity in contracts: contractual effects vis-à-vis third parties
1.2 The principle of compulsory nature: unilateral withdrawal
2. Third-party beneficiaries
3. Assignment of contracts

VI. Invalidity of contracts
1. The general notion of invalidity and its diverse categories
2. Nullity of contracts and its causes
3. Voidability of contracts and its causes
4. Termination: causes and effects
5. Subsequent rectification
6. Contractual invalidity and damage claims

Assessment and permitted materials

The assessment is based on a combination of continued assessment during the course and a final exam. Students can achieve up to 50% by participating in the different tasks posed by the lecturer (e.g., partial knowledge tests, multiple-choice tests, oral presentations, reports, class participation). The remaining 50% can be achieved in a final exam, comprising the entire content of the course. This exam will be held on the last day of the course and consist in the drafting of a judgment/legal opinion. All materials from the course may be used during the exam.

Minimum requirements and assessment criteria

In order to pass the course, 50% of the overall attainable marks must be reached.
The course will be held in Spanish; thus, knowledge of the Spanish language is indispensable.

Examination topics

As listed in the course description.

Reading list

Will be supplied to students during the class.

Association in the course directory

Last modified: Tu 11.03.2025 11:45