26119 - International Contracts and Legal Harmonization

Learning outcomes

The student is familiar with the clauses and models most commonly used in the field of international business transactions, as well as with the most relevant supranational legal instruments setting forth uniform or harmonized rules in this field. He/she is capable of understanding, negotiating and drafting international contracts. He/she makes well-grounded judgements about the choice of the applicable law and/or the choice of the model clauses applied to a given transaction. He/she possesses a sound knowledge of the technical legal terminology used in the field of international contracts and legal harmonization. He/she possesses the skills necessary to effectively commit himself/herself to continuous, autonomous update of his/her knowledge.

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, respresentaiton and warranties, liability and relevant clauses. - 7. Termination and remedies for breach of contract. - 8. International sale of goods - 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.

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 and workshops

Assessment methods

Written and/or oral final exam. Attending students will be granted ad hoc final exam.

NOTE: linguistic skills do not affect at all 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.

Office hours

See the website of Laura Maria Franciosi