| CODE | ECL5109 | ||||||||
| TITLE | European and International Comparative Commercial Law | ||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||
| MQF LEVEL | 7 | ||||||||
| ECTS CREDITS | 5 | ||||||||
| DEPARTMENT | European and Comparative Law | ||||||||
| DESCRIPTION | This advanced study-unit starts with an introduction to the modern European and international commercial law (the focus is on the European legal families) and explores the origin and evolution of civil, common law and mixed Legal families. It also discusses the Lex Mercatoria and the ius commune approach to European and international commercial law. The second part of the study-unit focuses on comparative domestic contract laws, uniform international contract law and international contract law principles. It then deals with substantive elements of business law, such as contracts for the international sale of goods, international payments, property law and negotiable documents of title and other negotiable instruments. The final part of the study-unit deals with the Europeanisation of private law in the EU. This is done by looking at both the possible methodology of the Europeanisation process and the initiatives themselves, such as the DCFR, the European Sales Law and other ongoing developments. Study-Unit Aims: The aim is to make the students prepared to tackle problems in European & international commercial law from a comparative perspective. It also serves as a platform for students to look at the historical development and then look at how this area of law is evolving in a European and international contexts. Students are also made able to engage in some important European and international commercial legal instruments. The aim is not to study every possible legal instrument, but to consolidate knowledge and understanding behind these legal instruments and policy developments. The unit is of high relevance to those who want to work in litigation, as well as legal advisers in the public and private sectors where a familiarity with cross-border issues would be necessary. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: 鈥� Identify doctrinal and practical trends in legal practice and relevant EU case-law and their impact on legal developments; 鈥� Develop advanced legal research skills in the field; 鈥� Develop skills to read beyond legal doctrine and to evaluate the relevance and importance of other disciplines for their own legal analysis; 鈥� Examine the concepts behind European & international commercial law; 鈥� Evaluate the ongoing developments in European Private Law; 鈥� Understand the use of comparative law to eradicate lacunae in a legal system; 鈥� Understand different legal families. 2. Skills: By the end of the study-unit the student will be able to: 鈥� Navigate through the private laws of the Member States and to understand the ongoing developments at the EU level; 鈥� Handle international cases and projects involving international commercial law; 鈥� Solve legal issues involving several jurisdictions; 鈥� Make use of the comparative law approach when dealing with national and other Member States' law. Main Text/s and any supplementary readings: Main Texts: - Dalhuisen J. H. Dalhuisen on Transnational and Comparative, Commercial, Financial and Trade Law, Vols. 1 & 2, 8th ed., Hart, 2022. Supplementary Texts: - Caenegemn, R.C. van, European Law in the Past and the Future: Unity and Diversity Over Two Millennia, CUP, 2002. - European Private Law Review, Kluwer, various issues - online resources. - Cafaggi F. and Watt M. et al (eds.). Making European Private Law Governance Design, EE Publishing, 2008. - Collins H. The European Civil Code: The Way Forward, CUPambridge, 2008. - Bar C. von and Clive E. (eds.). Principles, Definitions and Model Rules of European Private Law: Draft Common Frame of Reference (DCFR), 6 vols., OUP, 2010. - Micklitz H.-W. and Caffagi F. et al (eds.). European Private Law After the Common Frame of Reference, EE Publishing, 2010. - Hesselink M. W. The New European Private Law, Kluwer Law International, 2002. - Hesselink M. W. & de Vries G.J.P. Principles of European Contract Law, Kluwer, 2001. - Hesselink M. W. (ed.). The Politics of a European Civil Code, Kluwer, 2006. - De Witte B., Hanf D. and Prechal S. (eds.). The Many Faces of Differentiation in EU Law, Intersentia, 2001. - Cafaggi F. and Watt M. et al (eds.). Making European Private Law: Governance Design, EE Publishing, 2008. - Cafaggi F. (ed.). The Institutional Framework of European Private Law, OUP, 2006. |
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| STUDY-UNIT TYPE | Lecture and Independent Study | ||||||||
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2025/6. It may be subject to change in subsequent years. |
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