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12.04.2018: Basic questions and structures of comparative law

Prof. Dr. Alexander Trunk Vorlesung / Course Introduction to Comparative Law and Unification of Law Einführung in die Rechtsvergleichung und Rechtsvereinheitlichung Summer term 2018 http://www.eastlaw.uni-kiel.de. 12.04.2018: Basic questions and structures of comparative law

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12.04.2018: Basic questions and structures of comparative law

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  1. Prof. Dr. Alexander TrunkVorlesung / CourseIntroduction toComparative Law and Unification of LawEinführung in die Rechtsvergleichung und RechtsvereinheitlichungSummer term 2018http://www.eastlaw.uni-kiel.de

  2. 12.04.2018: Basic questions and structures of comparative law 19.04.2018 Methods of comparative law 26.04.2018: Legal families (overview) 03.05.2018: German legal family (deutscher Rechtskreis) 17.05.2018: Anglo-American legal family 24.05.2018: Contract law 31.05.2018:  Tort law (Deliktsrecht) 07.06.2018: Basic questions and structures of unification of law 14.06.2018: Methods of unification of law (date probably to be changed) 21.06.2018: Uniform sales law (CISG) 28.06.2018: Uniform law in other parts of the law of obligations, in particular: PICC 05.07.2018: Uniform credit security law 12.07.2018: Possibility to participate in conference on non-recognized states in private international law and international litigation 19.07.2018: Unification of the law of civil procedure

  3. Introductory example You work in a German enterprise, which intends to set-up an establishment in Ukraine. The enterprise would like to use its German-based general contract terms also in its relations to Ukrainian customers and asks whether this is possible. You have to check the German terms on the basis of Ukrainian law, in particular art.634 of the Ukrainian Civil Code.

  4. Art.634 Ukrainian Civil Code (2003): Contract of adhesion (1) A contract of adhesion is a contract the terms of which are set by one of the parties in forms or other standard formats and which may be concluded only by way of the other party joining the proposed contract as a whole. The other party may not propose its own contract terms. (2) The joining party can request modification or termination of the contract if the contract deprives it of its usual rights under such contracts, excludes or restricts the liability of the other party or contains other provisions obviously burdensome for the joining party. … (3) If a claim to modify or terminate a contract is brought forward by a party joining it in connection with its business activity, the other party may refuse to satisfy these claims if it proves that the joining party was aware or could be aware of the provisions of the contract.

  5. Notion and object of comparative law • Differences between legal orders • Comparative law (Rechtsvergleichung (droit comparé) = science of comparing national and assimilated legal orders • Object: law of all legal disciplines. Here: Comparison in the field of civil law.

  6. Tasks of comparative law • Scientific function • Forensic-practicalfunction • Legislative function Problem ofguidinginterestsandandexpectedoutcomes, in particular in caseof „legal transplants“/processesof „reception“ offoreignlaw

  7. Legal literature • Overview monographs (e.g. Zimmermann/Reimann, Zweigert/Kötz), „Casebooks“, introductions into the law of particular countries, comparative studies on specific topics • Law journals: e.g. British International and Comparative Law Quarterly, American Journal of Comparative Law, (German) Zeitschrift für vergleichende Rechtswissenschaft, (Austrian) Zeitschrift für Rechtsvergleichung, Revue internationale de droit comparé, … • Internet!! LexisNexis, Westlaw, HeinOnline, Garant.

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