The Law of Contract for Business
JUDr. Petr Dobiáš, Ph.D., MBALektor na Ústavu práva a právní vědy, o.p.s. a European Business School SE
The aim of the module is mainly to introduce the students to the basics of contract law with a focus on selected issues of application of law in the common law practice. The course has the purpose to lead the listener to learn basic legal concepts taught in the range of substances with which it is in the exercise of their profession encounter. Interpretation focuses primarily on the basic concepts relating to contractual obligations.
A general course introducing students to the common law of contract, including formation, terms, defenses, remedies and looking at common types of contracts.
The student will at the end of the Course:
- be able to draft the contracts for the international sale of goods,
- be able distinguish the sources of international contract law included in international conventions, international principles of contract law, EU law and Czech law,
- be able to analyse the impact of unification and harmonisation of law on International Contract Law,
- be able to analyse the protection of the weaker party by the way of the restricted choice of forum in consumer contracts, matters relating to insurance and individual employment contracts,
- be able to describe the role of the ICC, UNCITRAL and UNIDROIT as actors in the process of the unification of the International Contract Law,
- be able to understand the Czech, International and EU Law regulating the field of International Contract Law, with an emphasis on the rights and duties of the contracting parties.
The Course will be focused especially on following matters:
Discussion of the issues of International Contract Law from a Czech perspective and comparative viewpoint. The course on International Contract Law is dedicated to the main sources international regulation of the business contract law – customary law, internationally recognised principles, commercial clauses, general commercial terms and international conventions. Briefly will be mentioned basic provisions of the regulations of Rome I a Rome II as well.
The regulation of the International Contract Law is today contained not only in international conventions but also in sets of non-mandatory rules developed by governmental and non-governmental international organisations. The basis for the legislative power of the European Union is created by the rules contained in the Treaty on the Functioning of the EU (especially rules on Judicial Cooperation in Civil Matters – Art. 81). The legislation of the European Union is concentrated on the conflict of laws rules – Regulation No. 593/2008 on Law Applicable to Contractual Obligations (Rome I). The regulation is also concerned in the field of the protection of the weaker party (policy holders, employees, consumers and passengers).
The course on the Law of Contract for business has to provide students with overview of the system of the subject matter and to explain the interaction between the national and international regulation. The analysis will be focused mainly on the rules relating to the formation and content of the international commercial contract.