HUK412

School of Law \ Law

4

8

Compulsory

English

-

Law

This course provides a comprehensive examination of the fundamental concepts of international sales contracts, the legal framework governing them under international law, and, in particular, the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG). The course covers key topics such as the scope of application of the CISG, contract formation, obligations of the seller and buyer, transfer of risk, contractual non-performance, and available legal remedies. Additionally, the course focuses on the interpretation of the CISG, gap-filling mechanisms, and the significance of binding international conventions in the regulation of international sales contracts.

1. Herbert BERNSTEIN/Joseph LOOKOFSKY: Understanding the CISG in Europe, Kluwer Law International
2. Yeşim M. ATAMER: Uluslararası Satım Sözleşmelerine İlişkin Birleşmiş Milletler Antlaşması (CISG) Uyarınca Satıcının Yükümlülükleri ve Sözleşmeye Aykırılığın Sonuçları
3. Micheal BRIDGE: The International Sale of Goods, Oxford University Press
4. Peter SCHLECHTRIEM/Ingeborg SCHWENZER: Commentary on the UN Convention on the International Sale of Goods (CISG), Oxford University Press
5. Ingeborg SCHWENZER/Pascal HACHEM/Christopher KEE: Global Sales and Contract Law, Oxford University Press
6. Peter HUBER/Alastair MULLIS: The CISG A New Textbook for Students and Practitioners, Sellier
7. Zafer ZEYTİN: Milletlerarası Mal Satım Sözleşmeleri Hukuku – CISG

This course provides a comprehensive examination of the fundamental concepts of international sales contracts, the legal framework governing them under international law, and, in particular, the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG). The course covers key topics such as the scope of application of the CISG, contract formation, obligations of the seller and buyer, transfer of risk, contractual non-performance, and available legal remedies. Additionally, the course focuses on the interpretation of the CISG, gap-filling mechanisms, and the significance of binding international conventions in the regulation of international sales contracts.

1. Explains the fundamental concepts and legal framework of international sales contracts.
2. Evaluates the process of unifying international sales contracts and the significance of binding international conventions.
3. Analyzes the scope and applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
4. Explains the principles of interpreting the CISG and filling legal gaps, comparing them with interpretation and gap-filling methods in Turkish law.
5. Examines the process of contract formation and the obligations of the parties within the legal framework, comparing them with the rules governing sales contracts in Turkish law.
6. Assesses the obligations of the seller and the buyer (such as delivery, payment, and conformity of goods) and evaluates their compliance with the contract by identifying similarities and differences in Turkish law.
7. Analyzes the transfer of risk in international sales contracts and the legal remedies available in cases of contractual breach.
8. Evaluates the legal liabilities of the seller and the buyer under the CISG and compares exemptions from liability with those in Turkish law.

Week 1: Introduction to International Sales Contracts - Fundamental concepts of international sales contracts - Unification of the law on international sales contracts
Week 2: The Importance of Binding International Conventions and Overview of the CISG - The role of binding international conventions - General structure and purpose of the CISG
Week 3: Scope of Application of the CISG - When and how the CISG applies
Week 4: Interpretation of the CISG and Gap-Filling Methods - Methods for filling legal gaps in the CISG
Week 5: Formation of Sales Contracts I - Formation of international sales contracts and the intent of the parties
Week 6: Formation of Sales Contracts II and Obligations of the Parties - The primary obligations of the seller and buyer under the contract
Week 7: Obligations of the Seller I - Time and place of delivery, conformity of goods
Week 8: Obligations of the Seller II and Obligations of the Buyer - Conformity of goods - Buyer’s obligation to pay the price and take delivery of the goods
Week 9: Passing of Risk and Legal Remedies Available to the Buyer in Case of Breach - Transfer of risk under the CISG - Legal remedies available to the buyer in case of non-performance by the seller
Week 10: Buyer’s Legal Remedies II and Seller’s Legal Remedies - Legal remedies available to the buyer - Legal remedies available to the seller in case of non-performance by the buyer
Week 11: Seller’s Legal Remedies II and Exemption from Liability - Rights of the seller - Circumstances under which parties may be exempt from liability
Week 12: Current Developments in International Sales Contracts and Practical Analysis - The current role of the CISG in international trade - Case study analysis

• Midterm 40 %
• Final 60 %