《国际商法》课程教学大纲.docx

《国际商法》课程教学大纲Long time no upload documents, recently found a few good documents, upload up, and share with youSyllabus of the course of international commercial lawThe first chapter is introductionTeaching aims and requirements:Teach through this chapterKey points: International Commercial Law and international commercial lawThe structure and characteristics of the two major legal systems in the WestContent of courses：Section 1 the concept of international commercial lawI. The concept of international commercial lawTwo, the historical development of international commercial lawThree, the origin of international commercial 1awSecond, the historical evolution of international commercial 1 aw I. The emergence of commercial lawTwo. Commercial legislation in major countries of the wor1dThree, the relationship between international commercial law and other related lawsThe third section is about the structure and characteristics of the two major legal systems in the WestI. The structure of the continental lawTwo, the structure of the common lawThe differences between the three and two major legal systemsThe second chapter, contract lawTeaching aims and requirements:Teach through this chapterMaster key: concept, characteristics and classification of the elements of effective contract; contract; contract interpretation; contract concept and principle of performance: breach of contract; the situation changes or frustration of contract; contract obligation; procedure of contract terminationContent of courses：Section 1 overview of Contract LawFirst, the concept of contractThe second section of the contract was establishedOffers and commitmentsTwo, contracting capacityThree, contract formFour, the validity of the contractThird, contract performanceI. The concept and principles of contract performanceTwo, breach of contractThree, changes in the situation or contract failedFourth, the cancellation of contractI. continental lawTwo, Britain and the United States lawThe third chapter is the international law on the sale of goods Teaching aims and requirements:Teach through this chapterMaster key: the establishment of contract for the internationalsale of goods; the seller's offer; basic commitment; basic obligations of buyer seller; remedy for breach of contract by the buyer; the remedy for breach of contract by the buyer; the sale of general obligations of both parties: the transfer of ownership of goods; goods risk transferContent of courses：Section 1 overview of the law on the sale of goodsThe second section is about the establishment of the contractfor international sale of goodsI. offerTwo, commitmentSection third the basic obligations of the seller and buyerI. obligations of the seller(1) the place and time of delivery of the seller;(two) the seller hand over the goods documents (three) the Seller shall deliver the goods in conformity withthe contract (four) the Seller shall guarantee the rights of the goodsTwo, the buyer's basic obligations(1) the buyer's obligation to pay the goods(two) the buyer，s obligation to receive the goodsFourth, breach of contract and remedies for breach of contractRemedies provided by the Convention when the seller defaultsTwo, the Convention provides remedies for the seller's breach of contractThe fifth section is the ownership of the goods and the transfer of risksI. transfer of ownership of the goodsTwo, the risk transfer of goodsThe fourth chapter, product liability lawTeaching aims and requirements:Teach through this chapterFocus on: Product Liability Law of the United States: directive on product liability law; Convention on lhe law of the conflicts of product liability;Content of courses：Section 1 product liability law of the United StatesThe second section of the European Community product liability lawThe third section, Convention on the rules of the conflict of laws on product liabilityThe fifth chapter, agency lawTeaching aims and requirements:Teach through this chapterStudents are required to master key: agent relationship; termination of agency; agent authority; agent obligations; agent for the agent，s obligations; agent undertakes the liability to the third party agent in the infringement and crime: law of agency Chinese; China trade agencyContent of courses：Section 1 overview of agency relationsI. overview of agency relationsTwo, the emergenee of agency relationsThe second section is the relationship between the agent and the agentI. the power of an agentTwo, the obligations of the agentThree, the agent's obligations to the agentSection third relationship between the principal and the agent and the third partyI. obligations of the agent to the third partyObligations of two or third persons to an agentThree, the obligation of the agent to the third partyFour, unauthorized agencyThe termination of the fourth section of the agency relationshipSection fifth agent who assumes special responsibilityThe sixth section is China，s agency law and foreign trade agency systemI. China，s agency lawTwo, China，s foreign trade agent systemThe sixth chapter is the commercial organization lawTeaching aims and requirements:Teach through this chapterMaster key: business organization; partnership; concept of companylaw and company: the establishment of the company; the company，s ability; the concept and characteristics of the concept and characteristics of limited; Limited by Share Ltd; Limited by Share Ltd; the operation mechanism of the Limited by Share Ltd; the company，s capitalContent of courses：Section 1 overview of commercial organization lawSecond partnershipsFirst, the concept and characteristics of partnershipTwo, the legal status of partnershipThree・ Establishment of partnershipFour, partnership external relationsFive, partnership internal relationsSix・ Dissolution of partnershipThird section companyI. Company OverviewTwo, Limited by Share LtdThe seventh chapter: Negotiable Instruments LawTeaching aims and requirements:Teach through this chapterMaster key: Bill bill draft concept; defense; concept; a draft bill and style; endorsement; draft; acceptance; acceptance; bill guarantee; bill recourse; promissory notes cheques;Content of courses：Section 1 an overview of billsI. The concept of negotiable instrumentsTwo, note typeSecond draftFirst, the concept of bill of exchangeTwo, drafts and their stylesThree・ Endorsement of bill of exchangeFour. Draft of bill of exchangeFive・ Acceptance of a bill of exchangeSix. Payment by bill of exchangeSeven. Dishonor of bill of exchangeEight・ Recourse of bill of exchangeThird promissory notes and chequesPromissory noteTwo, checkThe eighth chapter international goods transportation law Teaching aims and requirements:Teach through this chapterKey note: Bill of lading; charter party; air waybill; carriei? s liability and limitation of liability; shipper，s rights and obligations: claims; international multimodal transport; shipper and shipper，s liabilityContent of courses：Section 1 carriage of goods by seaI. legislation on the carriage of goods by seaTwo bill of ladingThree charter partySecond section international multimodal transportI. overviewTwo, the main content of the ConventionThe third section is railway freight transportationI. combined waybillTwo, the International Cargo Association on the relevant provisions of international rail transportSection fourth air cargo transportationI. air waybillTwo. InterneitionQl Convention on the carriage of goods by air by airThe ninth chapter marine insurance lawTeaching aims and requirements:Teach through this chapterKey points: the conclusion of the contract for the carriage of goods by sea; the insurance documents: the time limit and the exclusions of the insurance liability; the rights and obligations of the insurer and the insured; and the claim and prescription of insurance;Content of courses：Section 1 marine insurance contractI. definition and characteristics of marine insurance contractTwo. Conclusion of marine insurance contractThree, insurance documentsFour, insurable interestFive・ Insurance periodSix, insurance valueThe second section covers risks and lossesI. risksTwo, lossThe tenth chapter is international commercial arbitrationTeaching aims and requirements:It focuses on the concept of arbitration, arbitration agreement and the effect of arbitration award;Content of courses：Section 1 arbitration and arbitration agreementI. The concept and characteristics of arbitration Two. Arbitration agreementThree, arbitration clause main contentFourth. Recognition and enforcement of Arbitral Awards I. The effect of the arbitration awardTwo, the recognition and enforcement of awards。