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 the CISG rules will apply to the sales contract
- In accordance with CISG, information is obtained about the establishment of the contract, the obligations of the parties, and the liability that may arise in case of violation of these obligations.
Core Area Distribution
Teaching Methods
Assessment & Evaluation
ECTS / Workload
| Activity | Quantity | Duration (h) | Total Workload |
|---|---|---|---|
| Course Duration (Including Exam Week) | 15 | 2 | 30 |
| Out of Class Study Period | 15 | 2 | 30 |
| 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 | History and Entry into Force of the Vienna Sales Convention | Relevant Chapter in the Book |
| 2 | Application Area of the Vienna Sales Convention in Terms of Place, Time, Person and Subject | Relevant Chapter in the Book |
| 3 | Comments and Filling the Blanks in the Vienna Sales Agreement | Relevant Chapter in the Book |
| 4 | Establishment of Sales Agreement in accordance with the Vienna Sales Convention | Relevant Chapter in the Book |
| 5 | General Provisions Concerning the Sale of Goods Pursuant to the Vienna Sales Convention | Relevant Chapter in the Book |
| 6 | Seller's Obligation to Deliver Goods and Documents in Accordance with the Vienna Sales Convention | Relevant Chapter in the Book |
| 7 | Midterm exam | Midterm exam |
| 8 | Contractual Conduct of the Seller and Obstacles to Performance in Pursuance of the Vienna Sales Convention | Relevant Chapter in the Book |
| 9 | Rights and Obligations of the Buyer According to the Vienna Sales Convention | Relevant Chapter in the Book |
| 10 | Violation of the Contract Based on the Vienna Sales Convention, Successive Delivery Contracts, Compensation and Interest | Relevant Chapter in the Book |
| 11 | Exclusion of Liability According to the Vienna Sales Convention | Relevant Chapter in the Book |
| 12 | Provisions and Consequences of Termination of Contract According to the Vienna Sales Convention | Relevant Chapter in the Book |
| 13 | Preservation of Goods According to the Vienna Sale Convention | Relevant Chapter in the Book |
| 14 | Compliance of the Goods Subject to Sale in accordance with the Vienna Sales Convention and the Requests of Third Parties | Relevant Chapter in the Book |
| 15 | Final Exam | Final Exam |