Universität Wien

030533 KU International Sales Law (2024W)

3.00 ECTS (2.00 SWS), SPL 3 - Rechtswissenschaften
Continuous assessment of course work
Moodle

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).

Details

max. 40 participants
Language: English

Lecturers

Classes (iCal) - next class is marked with N

In addition to the above mentioned dates, there will be a field trip to UNCITRAL in Vienna some time in November (approx. three to four hours in total) – the date will be announced as soon as possible. The costs for the field trip will be partially sponsored by the university, but there will be a small contribution fee by the participants (~ € 10).

  • Tuesday 08.10. 10:00 - 11:30 Seminarraum SEM51 Schottenbastei 10-16, Juridicum 5.OG
  • Tuesday 15.10. 10:00 - 13:00 Seminarraum SEM51 Schottenbastei 10-16, Juridicum 5.OG
  • Tuesday 22.10. 10:00 - 11:30 Seminarraum SEM51 Schottenbastei 10-16, Juridicum 5.OG
  • Tuesday 29.10. 10:00 - 11:30 Seminarraum SEM51 Schottenbastei 10-16, Juridicum 5.OG
  • Tuesday 05.11. 10:00 - 11:30 Seminarraum SEM51 Schottenbastei 10-16, Juridicum 5.OG
  • Tuesday 12.11. 10:00 - 11:30 Seminarraum SEM51 Schottenbastei 10-16, Juridicum 5.OG
  • Tuesday 19.11. 10:00 - 11:30 Seminarraum SEM51 Schottenbastei 10-16, Juridicum 5.OG
  • Tuesday 26.11. 10:00 - 11:30 Seminarraum SEM51 Schottenbastei 10-16, Juridicum 5.OG
  • Tuesday 03.12. 10:00 - 13:00 Seminarraum SEM61 Schottenbastei 10-16, Juridicum 6.OG
  • Tuesday 10.12. 10:00 - 11:30 Seminarraum SEM51 Schottenbastei 10-16, Juridicum 5.OG
  • Tuesday 17.12. 10:00 - 11:30 Seminarraum SEM51 Schottenbastei 10-16, Juridicum 5.OG

Information

Aims, contents and method of the course

The goal of this class is to make students acquainted with the practical and legal problems of cross-border sales, particularly under the CISG, but also encompassing other international instruments. Participants acquire in-depth knowledge of international sales law and learn the structure, scope of application and substantive rules of the CISG, especially contrasting them with national sales law regulations.
Participating students should have a sound basis in one national contract law (any) and a good command of the English language (no other language skills are necessary). They should also have completed at least an introduction to Private International Law.

Methods:
The method of this class is both abstract and problem-oriented: at first, the background will be covered by a general introduction to the topic, explaining the legal sources and their role. Thereafter, specific problems will be discussed with the participants, often with a practical background. Students will receive original texts and documents. Powerpoint will be used.

Language:
All classes will be held in English.

Assessment and permitted materials

Students will be assessed on two factors:
1) Attendance and participation – 30 % of the overall grade (not only quantity of participation, but also quality will be assessed)
2) Second factor; only one to be chosen from the following, a) OR b) OR c) – 70 % of the overall grade
a) Written exam in the last class (17 December 2024)
b) Oral exam at a date to be individually agreed with the examiner some time in December 2024
c) Coursework of ~8–9 pages (12 pt, line spacing 1.5, excl. cover page and indices, to be handed in by 14 February 2025) on a topic to be individually agreed with the examiner

Attendance is mandatory, up to three classes may be missed. Double units (on 15 October 2024 and 3 December 2024) and the field trip (TBA) count as two units each.

ONLY FOR ERASMUS INCOMINGS: up to 4 ECTS can be gained (in addition to the general 3 ECTS of the course) by coursework. If students want to make use of this option, they have to choose a) OR b) for the general course. On top of this, they can then submit coursework, the length of which determines the amount of additional ECTS (1 ECTS = 13,000 characters, excl. cover page and indices, incl. spaces and footnotes). Latest submission is 31 January 2025. The grade for the general course and for the coursework are combined to one single overall grade.

Minimum requirements and assessment criteria

In order to be successful in the exam or the coursework, students must demonstrate that they
(1) have understood the techniques used for international business transactions,
(2) are familiar with the legal sources governing such transactions, and
(3) are able to solve legal problems that may occur in practice.

Only topics discussed in the class will be examined. Coursework will build on one of the topics discussed in class, but students have to develop the thoughts further independently, not just restate the content of the class.
The grades will be based on the comprehensiveness, soundness and accuracy of the student’s answers. The quality of the English language will not affect the grade except where a lack of language skills leads to incomprehensible answers.

Examination topics

Only topics discussed in the class will be examined in the oral or the written exam.

If coursework is chosen, it will build on one of the topics discussed in class, but students have to develop the thoughts further independently, not just restate the content of the class. Students who opt for the coursework are expected to provide sources in footnotes.

Reading list

For basic study:
• Schroeter, Internationales UN-Kaufrecht (7. Auflage, 2022)
• CISG Advisory Council Opinions: https://www.cisgac.com/opinions/

For in-depth information:
• Ball, beck.online.GROSSKOMMENTAR, CISG (Stand 1.8.2023, beck-online.beck.de)
• Bianca/Bonell, Commentary on International Sales Law (1987)
• Brunner/Gottlieb, Commentary on the UN Sales Law (CISG) (2019)
• Brunner, UN-Kaufrecht – CISG (2014)
• Hau/Poseck, BeckOK BGB, CISG (66. Edition, Stand 1.5.2023, beck-online-beck.de)
• Honsell, Kommentar zum UN-Kaufrecht (2010)
• Kröll/Mistelis/Perales Viscasillas, UN Convention on Contracts for the International Sale of Goods (2019)
• Mankowski, Commercial Law (2019)
• Münchener Kommentar zum HGB V (5. Auflage, 2021)
• Münchener Kommentar zum BGB IV (8. Auflage, 2019)
• Piltz, Internationales Kaufrecht (2008)
• Schlechtriem/Schwenzer/Schroeter, Kommentar zum UN-Kaufrecht (CISG) (7. Auflage, 2019)
• Schlechtriem/Schwenzer, Commentary on the UN Convention on the international sales of goods (CISG) (5th edition, 2022)
• Soergel, Kommentar zum BGB XI (2020)
• Staudinger, Kommentar zum BGB, CISG (2018)

Association in the course directory

Last modified: Mo 16.12.2024 12:45