University of Malta

Study-Unit Description
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TITLE International Sale, Documentary Credits and Carriage of Goods

LEVEL 04 - Years 4, 5 in Modular UG or PG Cert Course


DEPARTMENT Commercial Law

DESCRIPTION The study-unit examines the various trade terms adopted in international contracts for the sale of goods and consider their relationship with other interrelated contracts, such as contracts of carriage by sea and contracts of marine insurance. Issues of domestic sale of goods contracts, such as implied terms, passing of risk and property, reservation of title and remedies are examined as background. Then, various international transactions with regard to ensuing rights and obligations of the various parties involved, with special emphasis on CIF and FOB terms are considered. The unit also examines in detail the various forms of payment, in particular the legal nature of documentary credits, types of documentary credits and their advantages, the practical workings of a documentary credit operation and the legal application of documentary credits. Besides Maltese Law, reference will be made to Incoterms, and the workings of the United Nations Commission on International Trade Law (UNCITRAL), and the Vienna Convention on the International Sale of Goods.

The study-unit will also analyse the types of contract of affreightment with a detailed examination of the bill of lading. The functions of the bill of lading, statements found in the bill, endorsement and delivery of the bill of lading, will be considered under this part. The application of the Hague Rules as regards the obligations of the parties to the contract affreightment, particularly the obligations of the sea carrier, the rights and immunities the sea carrier, and liability of the sea carrier, and exemption clauses, will be analysed. The Maltese Carriage of Goods by Sea Act and the Hague Rules, will be the basic laws used for this unit. Reference will also be made to the Hague Visby Rules and the Hamburg Rules.

ADDITIONAL NOTES Students taking this study-unit need to have a background in law.


Assessment Component/s Resit Availability Weighting
Oral Examination Yes 100%

LECTURER/S Adrian Attard
Kris Borg
Mario De Marco (Co-ord.)
Jotham Scerri Diacono
Ann Fenech
Josette Grech

The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the study-unit description above applies to the academic year 2017/8, if study-unit is available during this academic year, and may be subject to change in subsequent years.

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