. -Transnational Commercial Law (TCL)
Prof. Luca Radicati di Brozolo; Prof. Alberto Mazzoni
I module (30 hrs): Prof. Luca Radicati di Brozolo
COURSE AIMS
This is the first of two modules of a course taught entirely in English by Professors Alberto Mazzoni and Luca Radicati di Brozolo.
The course is taught in the context of a project launched by three distinguished comparative lawyers, Professors Roy Goode of the University of Oxford, Herbert Kronke of the University of Heidelberg and former Secretary General of the International Institute for the Unification of Private Law (UNIDROIT) and Ewan McKendrick of the University of Oxford, who are the authors of a leading textbook on transnational commercial law.
The project provides for the teaching of parallel courses at universities in different countries centered on the analysis of the topic contained in the three authors’ textbook.
The course is already taught at the Universities of Oxford, Heidelberg, Rotterdam and Budapest with universities in other countries expected to join. The LawSchool of the Università Cattolica is the only Italian law school invited to join the project. As the project, which is still at an initial stage, develops, an intranet network for contacts between the students and teachers in the different universities will be set up to permit, and indeed, encourage contacts between all involved.
The possibility of holding joint seminars or study groups with participants from the
different participating universities is also under consideration.
The course aims to give students an understanding of the fundamentals of transnational law, a term which encompasses the body of law from different sources which is applicable to the commercial transactions of international trade. The subject is studied in its general and conceptual aspects (what is transnational law, how does it relate to national legal systems and to international law and to conflicts of law and how is it created and how does it develop), in its substantive rules (what is the content of the individual rules of transnational law, on the sale of goods, on agency, on payments, etc.) and in its implementation (transnational litigation).
COURSE CONTENT
Text book:Goode-Kronke-Mckendrick, Transnational Commercial Law. Text,cases and materials, Oxford University Press, 2007.
Chapter 1. The Nature, history and sources of commercial law
§ 1.01-1.03; § 1.04-1.05; § 1.09; § 1.32-1.67 (total, approx. 16 pages).
Chapter 2.The Conflict of laws in commercial transactions
§ 2.01-2.12; § 2.22-2.62 (total, approx. 20 pages).
Chapter 3. International law as it affects private law conventions governing gross-border commercial transactions
§ 3.01-3.13 (total, approx. 6 pages).
Chapter 4.Comparative law and its relevance to transnational commercial law
§ 4.01-4.03; § 4.07-4-17; § 4-18-4.21; § 4.26; § 4.28; § 4.31; § 4.33-4.34; § 4.48; § 4.72 (total, approx. 20 pages).
Chapter 5.: The harmonization of commercial law: instruments and institutions
§ 5.01-5.36 (total, approx. 20 pages).
Chapter 16.International civil procedure
§ 16.01-16.65 (total, approx. 35 pages).
Chapter 17.International commercial arbitration
§ 17.01-17.143 (total, approx. 60 pages).
Chapter 18.The Sphere of application of a convention
§ 18.01-18.18 (total, approx. 7 pages).
READING LIST
Goode-Kronke-Mckendrick, Transnational Commercial Law. Text,cases and materials, Oxford University Press, 2007.
TEACHING METHOD
The course will be taught in an interactive manner, with recourse to practical examples and cases, and students will be encouraged to participate actively in the classes. Given the nature of the course, it is highly recommended that students intending to take the course attend lectures regularly and participate in the discussion.
ASSESSMENT METHOD
For students attending classes, each module will be assessed separately at the end of the module.
NOTES
Further information, in particular on office hours, can be found on the lecturer’s notice board at Istituto di Studi internazionali.
II module (30 hrs): Prof. Alberto Mazzoni
COURSE AIMS
This is the second module of the course, whose general description in terms of purposes and methods is set forth above (see Course aims for module 1).
The focus of this module will be the analysis of both the practical and the conceptual relevance of the rules governing certain specific transactions in an international context, such as sales of goods, receivables financing and cross border transactions in securities.
Furthermore, in the last part of the module attention will be given to the complex issues arising from the insolvency of transnational enterprises or groups of companies.
This module may be selected either as complementary to the first module or as an addition to the course of Diritto del commercio internazionale, that is also taught by Professor Mazzoni entirely in Italian and throughout the entire academic year.
With a view to maximizing the incentive for attendance, the issues dealt with in this module have been specifically selected so as to avoid duplication with the contents of both the first module and the course of Diritto del commercio internazionale.
COURSE CONTENT
Text book: Transnational Commercial Law, Text, cases and materials.
Chapter 7: International sales and the Vienna Sales Convention
The whole chapter: pp. 255-316.
Chapter 11: Receivables Financing
The whole chapter: pp. 405-432.
Chapter 13: Transaction in Securities
The whole chapter: pp. 471-501.
Chapter 15: Harmonization and Cooperation in Cross-border Insolvency
The whole chapter: pp. 541-578.
READING LIST
Goode-Kronke-Mckendrick, Transnational Commercial Law, Text, cases and materials, Oxford University Press, 2007.
TEACHING METHOD
The second module of the course will also be taught, like the first module, in an interactive manner, with recourse to practical examples and cases, and students will be encouraged to participate actively in the classes. Regular attendance at classes is highly recommended.
ASSESSMENT METHOD
The same rule applies as for the first module, provided however that students taking this module as an addition to Diritto del Commercio Internazionale may choose between obtaining a separate grade for this module or a sole more comprehensive grade in Diritto del Commercio Internazionale.
NOTES
Prof. Alberto Mazzoni meets students, during lessons, on Wednesday from 11,30 to 12,30 a.m. at Dipartimento di Diritto privato e pubblico dell’economia.