Comparative Law is one of the most fascinating subjects in the legal syllabus. This area of law examines the differences and similarities of legal rules and doctrines across various legal systems.
Students of comparative law realise that many of the legal issues that they have encountered in their own jurisdiction are resolved in a very different manner in foreign jurisdictions.
Contract law in particular has certain features that exist in a radically different shape, or are not present at all in other jurisdictions.
An awareness of such differences is vital for students if they wish to be prepared for the challenges of legal practice in a globalised world, where many of them will be faced with cross-border dealings on a daily basis.
Contract law of India is based on the common law tradition of English law, which is mostly compared to the private laws of France and Germany, the two most influential jurisdictions within the Western legal tradition other than England and the US. Modern Private Law is an emerging and dynamic subject.
It combines issues from various branches of legal scholarship, i.e. (national) Private Law and Comparative Law.
The UNIDROIT Principles of International Commercial Contracts (PICC) are designed to be an elaboration of an international restatement of general principles of contract law fashioned to meet the perceived need for a harmonization of the law of international commercial contracts.
Harmonisation of international trade law has become crucial with the globalisation.
The course attempts to combine various norms, constantly approaching particular problems from the perspective of various national private laws, thus necessarily adopting a comparative approach.
The specific areas covered in the course, while not exhaustive, are sufficient to provide participants with a good understanding of Comparative and Transnational Contract Law and Practice.
The course will be held at National Law University, Delhi. Sector 14, Dwarka, New Delhi- 110078.
1. To introduce participants to the chief aspects of comparative contract law & practice.
2. To introduce and elaborate upon The UNIDROIT Principles of International Commercial Contracts (PICC).
3. Familiarize participants with the international laws and conventions that govern this unique area of law;
4. Gain an understanding of case law analysis, through the detailed discussion of judicial decisions from prominent legal systems of the world on Comparative Contract Law and Practice.
5. Enable students to consider critically the effectiveness of the current legal context for commercial and consumer contracting in achieving the desired policy objectives.
The course is structured into 20 Lectures consisting of 2 lectures per day and 2 tutorials per day:
Total 40 Hours
• The sphere of application of The UNIDROIT PICC 2010, Interpretation and supplementation of the CISG and the PICC
• Perceived need for harmonization of the law of international commercial contracts.
• Comparative Contract Law
• Formation of Contracts under the major common law & civil law traditions- UK, Australia, India, Germany, France
• Standard terms, Battle of forms
• Validity and Interpretation – intent of the parties, Contra-proferentem
• Hardship, Force Majeure, Avoidance
• Case Study on Damages/ Contractual Remedies
• Choice of law and Choice of court
• Cross-border Insolvency
You Should Attend if
• Law students at all levels (BA.LLB/LLB/LLM/JD/JSD/PhD)
• Faculty from law schools, universities, colleges and institutions of higher education,
• Lawyers, In-house counsel
• Professionals from Industry involved in Transnational Commercial Law Practice.
The participation fees for taking the course is as follows:
A. Participants from foreign countries: US $350
B. Industry/ Professionals/ Lawyers:: Ũ20,000/-
C. Academic Institutions (Faculty, Students): Ũ10,000/
D. Academic Institutions (without accommodation): Ũ5,000/-
E. NLUD Faculty, Students, Ph.D. scholars: No registration fee.
In the event that number of applications exceed the number of available seats, selection criteria identified by the University shall be adopted to shortlist the participants.
The above fee includes all instructional materials, computer use for tutorials and assignments, library usage charges and 24hrs free internet facility. (A)-(C) above will be provided 11-day accommodation, food and refreshments.
The teaching method will be primarily via lecture. However, students will be expected to answer questions on the assigned readings and to engage in a discussion of the course material.
In particular, the assigned readings will include court decisions, arbitral awards, and hypothetical or practical problems that the students will be expected to analyze and discuss in class.
The lectures and tutorials will examine the following main areas:
General issues of harmonization;
Recurrent problems in harmonization through conventions;
Harmonization through specific binding instruments (Vienna Sales Convention);
Soft Law in the form of UNIDROIT Principles of International Commercial Contracts (PICC).
Harmonization through contract and institutional rules;
Harmonization through model laws; the future development of transnational commercial law.
12th – 22nd May, 2016
As per the MHRD guidelines, this course carries TWO credits and the same can be earned by the participants on the successful completion of the course.
Last date of submission of application: 29th April, 2016.
Registration form is HERE.
Registration form along with latest CV to be emailed to [email protected]
Shubham Gupta, Email – [email protected] Contact Number – 09818931076
R.S.Lakshman, Contact Number- 09958756642.