Commercial Contracts
The aim:
1. Acquiring the knowledge of regulations regarding the legal transactions with the participation of entrepreneurs.
2. Broadening the knowledge of the specificity of commercial contracts.
Acquired knowledge:
1. Student knows the basic sources regulating legal transactions between the entrepreneurs.
2. Student knows selected types of contracts occurring in the bilateral professional trade and the principles of dispute resolution.
Acquired skills:
1. Student is able to find the relevant legal rules or sources that apply to the obligation relationships in the domestic market.
2. Student discusses the specificity and basic legal instruments as well as typical clauses used in commercial contracts.
Acquired social skills:
1. Student evaluates the effectiveness and usability of regulations regarding the law of obligations and the problems related to the lack of regulation in specific areas.
2. Student knows the specificity from the legal point of view of business activity and the phases of entering into obligation relationships and understands the variability of legal processes and their impact on the functioning of entrepreneurs.
Course contents:
1. The definition of commercial contracts, their characteristics and typology.
2. Ways of concluding contracts in a professional two-way trade. Offer, negotiations. Letters of Intent and Contracts for negotiations.
3. Typical contractual clauses intended to protect the interests of the parties.
4. Principles of performing obligations and liability in respect of the non-performance or improper performance of obligations.
5. Operations on contracts in the European Union. Rome I Regulation on the law applicable to contractual obligations.
6. Selected types and kinds of contracts appearing in the domestic market, including: sales agreement and international sale of goods, agreements on commercial mediation, consortium agreement, managerial contract, civil partnership agreement.
Recommended reading:
1. Contract law in Poland , Machnikowski P., Balcarczyk J., Drela M., Kluwer Law International. 2020.
2. UN Convention on Contracts for the International Sale of Goods (CISG) : a commentary, Stefan Kröll, Loukas Mistelis, Pilar Perales Viscasillas, Baden-Baden : Nomos Verlagsgesellschaft mBH & Co., .. 2018.
3. Rome I Regulation : the law applicable to contractual obligations in Europe , Franco Ferrari, Stefan Leible, Munich : Sellier. European Law Publishers. 2009..
Additional reading:
1. Commentary on the UN Convention on the International Sale of Goods (CISG) , , Schwenzer I. (ed.), Oxford University Press. Oxford ; New York 2016.
2. Commercial agency contracts and freedom of contracts in: Private autonomy in Germany and Poland and in the Common European Sales Law / ed. by Tim Drygala [et al.], Rott-Pietrzyk E., SELP Sellier European Law Publishers. Monachium 2012.
3. Limits of harmonisation and convergence : dissimilarities within similarities of Polish and German contract law , Monika Jagielska, Elwira Macierzyńska-Franaszczyk, Ewa Rott-Pietrzyk, Fryderyk Zoll, Grzegorz Żmij, Wolters Kluwer. Warszawa 2018.