Infopaket

Legal Aspects of Business Contracts Between EU and Non-EU Enterprises

ВБ.01.01.37

Вибіркова дисципліна для ОП

Second

2023/2024

2 Semester

4

To assess the reliability of information and the reliability of sources, to handle and to use information for research and practical activities effectively; to generate new ideas and to use modern technologies in providing legal services; to use advanced knowledge and techniques in lawmaking and law enforcement of private law institutions process; to integrate the necessary knowledge and solve complex problems of law enforcement in various areas of professional activity.

Full-time form

To know the main aspects of the formation and development of legal regulation of business contracts concluded between EU and non-EU enterprises, the features of the classification and the content of the legal categories used in normative legal acts regulating business contracts concluded between EU and non-EU enterprises; doctrinal sources, legal acts regulating business contracts concluded between EU and non-EU enterprises, as well as law enforcement practice. 2. To be able to evaluate and determine the role and tasks of a lawyer who develops and maintains business contracts between EU and non-EU enterprises, to distinguish and to qualify certain types of business contracts concluded between EU and non-EU enterprises. 3. To have basic skills in preparing contracts, taking into account the peculiarities of the practical situation and using legal methods to resolve disputes that arise in the field of contractual relations.

The forms of teaching and methods of teaching of this discipline are aimed at conducting a legal analysis of business contracts concluded between EU and non-EU enterprises and at the study of the theoretical and practical issues that may arise in connection with the conclusion, performance, non-performance of such contracts. The discipline reveals a general characteristic of the business contracts concluded between EU and non-EU enterprises; the application of sources of regulation of business contracts concluded between EU and non-EU enterprises; characteristics of the negotiation, conclusion, performance of business contracts concluded between EU and non-EU enterprises, the consequences of their non-performance, excused liability in case of non-performance of contractual obligations in certain legal systems

1. Dikovska I.A. International Commercial Contracts, Hadbook (in Ukrainian), Kyiv, Alerta, 2016, 322 p. 2. Schlechtriem & Schwenzer: Commentary on the UN Convention on the International Sale of Goods (CISG) Heike Schwentzer Oxford University Press, USA; 4 edition, 2016. – 1728 p. 3. Lutz-christian Wolff, The Law of Cross-Border Business Transactions. Principles, Concepts, Skills, Wolters Kluwer; 2 edition, 2017. – 564 p. 4. Michael Joachim Bonell, The law governing international commercial contracts and the actual role of the UNIDROIT Principles, Uniform Law Review, Volume 23, Issue 1, March 2018, Pages 15–41. 5. Emery, Cyril Robert, International Commercial Contracts (March 1, 2016). GlobaLex (March 2016). Available at SSRN: https://ssrn.com/abstract=2925740 6.Stefan Grundmann, Mateusz Grochowski. European Contract Law and the Creation of Norms. European Contract Law and Theory. Vol. 5. Cambridge: Intersentia, 2021. 300 p.

Lecture, seminar, student’s independent work

Report (presentation on a given topic) – from 5 to 8 points; Participation in the discussion – from 5 to 8 points; Case study – from 5 to 8 points; Drafting a document – from 5 to 8 points; Quick survey – from 4 to 8 points. The following matters should be evaluated: level of knowledge, demonstrated by a student in the reply, activism in the discussion of questions of a seminar, systematic nature of work during session, results of home assignments. In case of absence of a student during a seminar due to a reasonable cause he/she can retake the missed class in the extracurricular hours (time of professor’s consultations), by oral questionnaire, test, preparation of an academic speech. A student who has not reached the minimum threshold level of a grade (24 points) of the study results can be unadmitted to the final form of control. As a result of the final form of control (exam) the student may receive up to 60 points.

English