Comparative Law on Obligations (assoc. prof. dr. Solveiga Cirtautienė)

advertisement
COMPARATIVE LAW ON OBLIGATIONS
Instructor:Dr. Solveiga Cirtautienė, tel.: 261 6333, e-mail: solveiga.cirtautiene@veto.lt
Language of Instruction:English
Required Prerequisites:General part of civil law
Suggested Academic Cycle or Year of Studies:Bachelor degree studies (4th year of
studies) or master degree studies
ECTS credits: 6 Local credits: 4
Contact Hours per Week: 4
Semester: Spring
Methods of Teaching: Lectures, Seminars, Individual Work
Form of Assessment: Written examination
The course is intended to clarify characteristics of Lithuanian Law on Obligations in comparison
with other European national legal systems. The course focuses on national court practice as well as
the comparative analysis of particular areas of civil law in various European jurisdictions. Special
attention will be paid to the international harmonization instruments, such as UNIDROIT and
European principles on contract law, dealing with the restatement of the emerging European law on
obligations. During the course the following topics are analysed: conception and functions of law of
obligations, types of obligations, performance of obligations, legal effects of their non-performance,
defence of a creditor, security of performance of obligations, assignment of a claim, extinction of
obligations, concept of contract, interpretation of contract, performance of contract, legal effects of
non-performance of contract, termination of contract, contractual liability, interaction between
contract and tort law, remedies for non-performance of contract. It covers a problem of how
different legal cultures obtain similar results through different concepts and doctrines. Special
attention is paid to analysis of the trends of developments of different areas of law of obligations in
European countries and the effects of such trends on national legislation and court practice.
Reading list:
1. The Civil Code of the Republic of Lithuania:
http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=245495.
2. Principles of European Contract Law: Parts 1-3, O. Lando, R. Zimmerman, Kluwer Law
International, 2003
3. The interactions of contract law and tort and property law in Europe: a comparative study,
Bar. Ch. Drobnig U., München : Sellier European Law Publishers, 2004
4. Beale, H. Kötz, A. Hartkamp, D. Tallon (eds.), Cases, Materials and Text on Contract Law
(Oxford, Hart Publishing, 2002.
5. Hartkamp A., Hesselink M., Hondius E., others. Towards a European Civil Code, 3rd ed.
Nijmegen: Kluwer Law International, 2004.
6. Commentary on the UNIDROIT Principles of International Commercial Contracts, ed.
Stefan Vogenauer, Jan Kleinheisterkamp, 2008.
Download