Universitat Internacional de Catalunya
Business Law
Other languages of instruction: English
If the student is enrolled for the English track then classes for that subject will be taught in the same language.
Teaching staff
Students can contact the professor by email: msimonaltaba@uic.es
Introduction
I. Course Objective
The primary objective of the Business Law course is for students to learn about the content and operation of
market institutions law in detail, with a practical slant. The course will focus on introducing the EU and
Spanish legal and judicial systems, the basic principles of the company, registration on the companies
register, accounting obligations, contract law, and finally, full harmonisation of commercial companies so
that students can put forward possible solutions to disputes.
The course content will provide an overview of industrial property, unfair competition, antitrust law and an
introduction to insolvency law. The course contains a topic on employment and an introduction to the most
basic forms of contracts.
The course has a practical part that is organised as seminars where students solve case studies in groups.
Objectives
The aim of this course is to ensure that students know how to deal with the legal problems of the business environment. In order to achieve this goal it will be necessary for the student to study, work with the readings and documents presented at each session, and to be able to understand the legal and economic concepts of the course.
The subject does not seeks to form lawyers, but to provide the students with an indispensable tool for his professional future, which is a basic understanding of the Commercial Law. Therefore, all subjects are intended to be a tool to implement this knowledge from an economic point of view.
Competences/Learning outcomes of the degree programme
- 04 - To understand and know how to use financial terms within a business framework.
- 05 - To understand the functions of corporate finance departments.
- 06 - To know how to apply the main policies for capital structure and asset management.
- 14 - To be familiar with and understand the legal framework of trade law and be able to apply it in practical cases related to the business world.
- 28 - To be able to work in another language and use terminology and structures related to the economic-business world.
- 32 - To acquire problem solving skills based on quantitative and qualitative information.
- 33 - To be able to search for, interpret and convey information.
- 39 - To acquire the ability to solve problems and make decisions based on relevant information, applying the appropriate methods and situating the problem within the organisation as a whole.
- 41 - To be able to descriptively summarise information.
- 45 - To be able to work with academic papers.
- 50 - To acquire the ability to relate concepts, analyse and synthesise.
- 53 - To acquire the skills necessary to learn autonomously.
- 56 - To be able to create arguments which are conducive to critical and self-critical thinking.
- 65 - To acquire the ability to put knowledge into practice.
- 66 - To be able to retrieve and manage information.
Syllabus
Subject 1. Introduction to the European and Spanish Legal and Judicial Systems
1.1. Introduction
1.2. Sources of Law
1.3. European Legal and Judicial System
1.4. Spanish Legal and Judicial System
Subject 2. Entrepreneur and Commercial Law
2.1. Entrepreneur and Businessman: types and legal regime
2.2. The Legal Status of an Entrepreneur
2.3. The Commercial or Company Register
2.4. Commercial Representation
2.5. Commercial Accounting
Subject 3. Corporate law
3.1. The Concept of the Company
3.2. Legal Personality and creation
3.3. Capital Companies: Limited Partnership and Limited Company
3.4. Concept, Characteristics of Capital Companies
3.5. Social Organs and decision taking
3.6. Partners and shareholders
3.7. Share Capital
3.8. Calculating and Allocating Profit or Loss
3.9. Structural Modifications. Mergers and Acquisitions
3.10. Dissolution and Liquidation
Subject 4. Competition and Industrial Property Law
4.1. Antitrust Law
4.2. Unfair Competition Law
4.3. Industrial Property Law: Patents, Trademarks, Industrial Design and Intellectual Property Disputes
Subject 5. Contract Law.
5.1. Introduction to Commercial Contracts
5.2. Contracts with Consumers and Users
5.3. Transfer and Rental of Business
5.4. Distribution Agreements
5.5. Commission and Agency Agreements
5.6. Financing Contracts
Subject 6. Insolvency law
6.1. Subjective and Objective Requirements: Definition of Insolvency
6.2. The Effects of Insolvency. Voluntary and Forced Proceedings
6.3. List of Creditors and the Bankruptcy Estate Inventory
6.4. Arrangement with Creditors or Liquidation
6.5. Conclusion
6.6 Pre-Insolvency Stage
Teaching and learning activities
In person
During the course, master classes will be combined with practical seminars where students, individually and/or in groups, must participate in the resolution and analysis of real cases on different issues of the course subject.
Consequently, class attendance and active participation are necessary and rated in the final grades of the course.
Evaluation systems and criteria
In person
The evaluation system is as follows:
First Call:
-20% of the total grade: class attendance and active participation in class, practical cases and/or other activities during the course.
-30% of the total grade: Mid-term "Checkpoint Exam". It will include the topics explained in class up to that date. Passing the ceckpoint exam dos not free topics for the final exam.
-50% of the total grade: Final exam. It will include all the topics explained in class during the course. To pass the course, the final exam must be passed.
Second Call:
The evaluation criteria will be the same, except when the active participation and/or the checkpoint is failed. In this case, the final exam is a 100% of the total grade.
In second call, the maximum total grade that a student can obtain is 7, even if the average according to the previous section were higher.
Bibliography and resources
Basic Legislation:
Spanish Commercial Code
https://www.boe.es/buscar/act.php?lang=es&id=BOE-A-1885-6627&tn=1&p=
Spanish Capital Companies Law
https://www.boe.es/buscar/act.php?id=BOE-A-2010-10544
Spanish Insolvency Law
https://www.boe.es/buscar/act.php?id=BOE-A-2020-4859
For further readings:
Francisco VICENT CHULIÁ, Introducción al Derecho Mercantil volumen II, Valencia, Tirant lo Blanch
Fernando SÁNCHEZ CALERO/Juan SÁNCHEZ-CALERO GUILARTE, Instituciones de Derecho Mercantil, Volumen II, Cizur Menor, Aranzadi.
In all cases, it is important to read the latest edition available