LLM The Vienna Sales Convention

Student studying on the Birmingham CampusModule leader:  Dr Djakhongir Saidov

Module description:

The Vienna Convention on Contracts for the International Sale of Gods (CISG) is probably the most successful result of efforts to unify the law of international sales and it is beyond doubt that the CISG has marked an important step in the development of international commercial law. The Convention is ratified by more than 70 countries. Several thousands of cases decided under the CISG are now reported and the Convention has triggered law reforms in a number of countries both in the developed and developing world. Although the UK has not yet ratified the CISG, it may still be applicable to contracts involving a UK party.

This module aims to explore the principles and rules underlying the CISG. The module will begin by discussing the reasons and purposes behind the movement to harmonise and unify international commercial law and by addressing the criticisms to which this movement has been subjected. The remaining part of the course will address the purposes, values, policies, rules and principles underlying the CISG as well as the ways in which it has thus far been applied. More specifically, the module will examine: the scope of the applicability of the CISG and its relationship with other international instruments such as the UNIDROIT Principles of International Instruments; the Conventions’ general provisions; rules on formation; rights and obligations of the seller and the buyer; passage of risk; remedies; rules on exemptions; effects of avoidance; preservation of goods.

Seminar topics:

  • Problems of Unification and Harmonisation of Commercial Law and Sphere of Application of the CISG
  • General Provisions of the Convention: Methods of Interpretation, Gap-Filling, Interpretation of Contracts, Trade Usages and Practices
  • Formation of Contracts
  • Rights and Obligations of the Seller
  • Rights and Obligations of the Buyer
  • Passage of Risk
  • Remedies
  • Exemptions
  • Effects of Avoidance
  • Preservation of Goods

Methods of assessment

Modules on the LLM programmes will be assessed in one of the following ways. As this website is set up in advance, it is not possible to specify which method of assessment will be implemented for each module.

Either:

  • One 6000 word essay

Or

  • One 3-hour written examination

If you'd like to find out how a module will be assessed in the forthcoming academic year please contact the LLM Programmes Administrator at Law-LLM@contacts.bham.ac.uk.

 

Disclaimer

Modules and Courses are constantly updated and under review. As with most academic programmes, please remember that it is possible that a module may not be offered in any particular year, for instance because a member of staff is on study leave or too few students opt for it. The University of Birmingham reserves the right to vary or withdraw any course or module.