Faculty of Law · Law · Undergraduate
Course Objective
The aim of this course is to examine comparative rules of Turkish sales law based on the United Nations Convention on Contracts for the International Sale of Goods (CISG), which entered into force in 1988 and which are more than 70 countries today. Besides provide students with an understanding of basic concepts and norms of international commercial and investment arbitration and provide knowledge on legal issues arising in various stages of an arbitration process.
Course Content
We will consider when CISG rules apply to a sales contract, the hierarchy between CISG rules and national sales law rules, the establishment of a sales contract in accordance with CISG, the obligations of the seller and the buyer, and the sanctions and liability regime for violating these obligations. During the examination of the CISG, which has the effects of both European and Anglo-American legal systems, the basic principles of these two legal systems will be explained to the students. Giving theoretical information about international commercial arbitration and explaining it together with examples.
Required Resources
Yeşim Atamer, Milletlerarası Satım Hukuku - CISG (Ciltsiz) Milletlerarası Mal Satımına İlişkin Sözleşmeler Hakkında Birleşmiş Milletler Antlaşması, 12 Levha, 2012
Gary Born, International Commercial Arbitration
Recommended Resources
Zafer Zeytin, Milletlerarası Mal Satım Sözleşmeleri Hukuku - CISG, Seçkin 2019
Course Learning Outcomes
- It is known when CISG rules apply to the sales contract
- In accordance with CISG, the establishment of the contract, the obligations of the parties and the liability arising in case of breach of these obligations shall be informed.
- After the content of the course is outlined, the students are preparing homework and presenting homework about the selected topics.
Teaching Methods
Assessment & Evaluation
ECTS / Workload
| Activity | Quantity | Duration (h) | Total Workload |
|---|---|---|---|
| Course Duration (Including Exam Week) | 16 | 2 | 32 |
| Out of Class Study Period | 16 | 2 | 32 |
| Midterm | 1 | 1 | 1 |
| Quiz | 0 | 0 | 0 |
| Assignment | 0 | 0 | 0 |
| Practice | 0 | 0 | 0 |
| Final | 1 | 1 | 1 |
Course Schedule
| Week | Subject | Preparation |
|---|---|---|
| 1 | Basic introduction to alternative dispute resolution methods and advantages of arbitration. | Reading |
| 2 | The role of “consent” in arbitration and formation of arbitration agreements | Reading |
| 3 | Differences between International Commercial Arbitration and Investment Arbitration | Reading |
| 4 | The laws governing arbitration (Law of the seat, opting out of the law of the seat, institutional arbitration v. ad hoc arbitration, the delocalization debate, substantial law) | Reading |
| 5 | Stages of the arbitration process | Reading |
| 6 | Setting aside of arbitral awards | Reading |
| 7 | Recognition and Enforcement of Foreign Arbitral Awards | Reading |
| 8 | Mid term exam | Mid term exam |
| 9 | Damage under CISG | Reading |
| 10 | Breach of contract | Reading |
| 11 | Buyer's Rights In Case Of Contract Contradiction | Reading |
| 12 | Compensation, Interest and Responsibility | Reading |
| 13 | Decision analysis | Reading |
| 14 | Decision analysis | Reading |
| 15 | Decision analysis | Reading |
| 16 | Final Exam | Final Exam |