Prof. Giorgio F. COLOMBO

Lesson n.1

 The CEO of a Japanese company trading cars and the CEO of an Italian company manufacturing cars meet at a business fair in Istanbul, Turkey  They enter into a contract for the purchase of 100 luxury cars to be shipped to China  The Contract is signed in Turkey and is written in French.  The currency used for the payment is the Japanese yen.  Which law regulates the contract?

 Italian law, as it is the law of the seller and the cars are produced in Italy  Japanese law, as it is the law of the buyer and the currency is the Japanese Yen  Chinese law, as the cars are to be shipped to China  Turkish law, as the contract was signed in Turkey  French law, as the contract is written in French  Any other ideas?

 We are allowed to say – to a certain extent – «I do not care»  Italy, Japan, Turkey, China, France are all member States to the United Nations Convention on Contracts for the International Sale of Goods (CISG)  While of course we will still have issues about the applicable law, most problems will be solved by the CISG

 Purpose ◦ The purpose of the CISG is to provide a modern, uniform and fair regime for contracts for the international sale of goods.  Why is it relevant? ◦ The contract of sale is the backbone of international trade in all countries, irrespective of their legal tradition or level of economic development. The CISG is therefore considered one of the core international trade law conventions whose universal adoption is desirable.

 Why is it relevant? ◦ The adoption of the CISG provides modern, uniform legislation for the international sale of goods that would apply whenever contracts for the sale of goods are concluded between parties with a place of business in Contracting States. ◦ Avoids recourse to rules of private international law to determine the law applicable to the contract, adding significantly to the certainty and predictability of international sales contracts.

 Does it cover all the matters? ◦ No, as issues like the validity of the contract and the effect of the contract on the property in the goods sold, fall outside the Convention's scope. However, it regulates the main issues relating to the formation of the contract and the respective obligations of the parties

 This seminar is aimed to provide students with a general and broad knowldege of the CISG  We will start on the assumption that students do not posses a structured understanding of what the CSIG is  For students with a knowledge of CISG this seminar will be useful for brushing up and filling gaps

 Sufficient command of English language ◦ Lectures, readings and debates will be in English; ◦ It is not necessary to be fluent  Active participation ◦ This seminar is based on the active participation by the students ◦ A significant part of the evaluation will be based on participation  Minimum attendance ◦ You are required to attend at least 70% of the classes

 The seminar will be composed of 13 lessons (including this one), starting from [...] and finishing on July [...]  Most lessons will require preliminary readings, and will be divided into: ◦ Teaching ◦ Debate, discussion, presentation ◦ Work on materials taken from real cases

 As mentioned, we will have several categories of readings: ◦ Scholarly writings, articles ◦ Laws, treaties ◦ Materials prepared specifically for this seminar ◦ Documents (decisions, awards, etc.) taken from real cases  You are required to read the relevant materials in advance and to be prepared to discuss it during the lesson  You are encouraged to ask for further readings should you find a topic of your interest.

 Lesson 2 ◦ Scope of application  Lesson 3 ◦ Definition of «Goods»  Lesson 4 ◦ General Provisions, Interpretation  Lesson 5 ◦ Freedom of form; Formation of the Contract  Lesson 6 ◦ General Provisions

 Lesson 7 ◦ Mid term test  Lesson 8 ◦ Obligations of the Seller  Lesson 9 ◦ Obligations of the Seller (II)  Lesson 10 ◦ Obligations of the Buyer  Lesson 11 ◦ Common provisions: anticipatory breach

 Lesson 13 ◦ Damages  Lesson 13 ◦ Other provisions  Lesson 14 ◦ Final test  Lesson 15 ◦ Feedback session

 This seminar is based on interaction between students and instructors  Students are required to take active part in the lectures  Comments to readings, contributions to lectures, questions, etc. will be used to evaluate students’ performance  30% of the evaluation will be determined this way

 Mid term test 30%  Final test 40%  Students may improve their evaluation by submitting a short research paper. Details are to be agreed upon with the instructor

Please introduce yourself

Please tell us what do you expect from this seminar