Subject

International Law

  • code 10355
  • course 99
  • term
  • type op
  • credits 3

Main language of instruction: Catalan

Other languages of instruction: Spanish

Teaching staff

Head instructor

Office hours

      Escribe texto o la dirección de un sitio web, o bien, traduce un documento. Cancelar   Ejemplo del uso de "": traducido automáticamente por Goo To be arranged with the student

Introduction

The course is organized around eight subjects. The first two subjects are an introduction to business law, the following subjects are about the Commercial Register, the individual and collective entrepreneur. Subject six is referring the industrial property, unfair competition and antitrust. Subject seven is about contracts and warranties and, finally, subject eight is an introduction to insolvency law.

The course focuses on the student approach to Commercial Law, through the analysis of its regulation in the Civil and Commercial Code and special laws that regulate them.

 

It analyzes the negotiation and pre-contractual institutions, and conflicts that can generate. All analyzes will be based on the law, in the rigor and respect for the legitimate interests, however, this can justify conduct or behavior that despite being legal are not legitimate.

It is intended that students should learn and achieve the regulatory system that directs the Company Law, all from an eminently practice point of view, with particular reference to the solutions offered by the Courts of Appeal  and the criteria of the Supreme Court.

To influence the rigor of learning the course contains a practical part consisting of the resolution of four law cases. For the resolution of practical cases the professor through intranet hang practices for reading, analyzing and solving in groups of 4 students

Pre-course requirements

The prerequisites to attend this course are the ability to understand and correctly interpret a text.

Another requirement is to have the interest and ability to be placed in a conflict of economic interests between or multiple parts.

Objectives

The teaching of the course "Business Law" aims primarily to students to achieve rigorous and practical learning of the content and operation of market institutions. This course will focus on introduction about EU and Spanish legal and judicial system, the basic principles of the company, its registration in the commercial register, which is the commercial register, accounting obligations, ultimately full harmonization of commercial companies that allow students to suggest possible solutions to disputes.

 

The course contents will try to give an approach to industrial property, unfair competition, antitrust law and introduction to insolvency law. The course contains a topic regarding hiring and introduction to the most basic forms of contracts.
The course has a practical part that is organized in seminars where students organized in groups should solve the cases.

Competences / Learning outcomes of the degree programme

  • 27 - To be able to read and understand literature on economic and business issues.
  • 28 - To be able to work in another language and use terminology and structures related to the economic-business world.
  • 29 - To know what an information system is and its typology.
  • 33 - To be able to search for, interpret and convey information.
  • 37 - To be able to apply managerial methods, tools and techniques.
  • 50 - To acquire the ability to relate concepts, analyse and synthesise.
  • 52 - To develop interpersonal skills and the ability to work as part of a team.
  • 53 - To acquire the skills necessary to learn autonomously.
  • 54 - To be able to express one’s ideas and formulate arguments in a logical and coherent way, both verbally and in writing.
  • 56 - To be able to create arguments which are conducive to critical and self-critical thinking.
  • 61 - To develop skills for adapting to new situations.
  • 65 - To acquire the ability to put knowledge into practice.

Learning outcomes of the subject

The learning outcomes will be the resolution of the case studies. First, students must prepare their resolution and correct it in class.

Syllabus

Subject 1. Concept, content, systematic and sources of commercial law.

1.1. Introduction.

1.2.The formation of commercial law as a branch of the Spanish legal system.

1.3. The sources of commercial law.

 

Subject 2. Introduction. European and Spanish Legal and Judicial System.

2.1. Introduction.

2.2. European Legal and Judicial System.

2.3.Spanish Legal and Judicial System

 

Subject 2. The entrepeneur.

2.1. Entrepreneur and businessman individual and the company.

2.2. The legal status of commercial entrepreneur.

2.3. The advertising of entrepreneur:

2.3.1. The Commercial or Company Register. Introduction.

2.3.2. The function and organization of the Commercial Register.

2.3.3. The principles governing the advertising at Commercial Register.

2.3.4. The formal advertising.

2.3.5. The Centre Commercial Register.

2.4. Commercial Representation.

2.5. The collaborators-dependent of entrepreneur.

2.6. Commercial accounting.

2.7. The accounts in the material sense.

 

Subject 3. The individual commercial entrepreneur.

3.1. Concept.

3.2. Capacity.

3.3. Habitual exercise of business.

3.4. The exercise of trade in its own name.

 

Subject 4. The entrepreneur collective commercial. Corporate law. (I).

4.1. The concept of company: The legal personality.

4.2. The shareholder agreement.

4.3. Provisioning requirements of corporations.

4.4. The shareholders.

4.4.1. The partnership.

4.4.2. The limited partnership.

4.4.3. The limited partnership by shares.

 

Subject 5. The entrepreneur collective commercial (II). Corporate law.

5.1. Limited Liability Companies. Comparative study of joint companies limited and public.

5.1.1. Concept, characteristics and types of limited liability companies.

5.1.2. Requirements to incorporate.

5.1.3. Contributions.

5.1.4. The structural basis of limited liability companies.

5.1.4.1. The social capital.

5.1.4.2. Shares or units.

5.1.5. Identification of the company: name, nationality, address and subject.

5.1.6. The membership.

5.1.7. The general meeting.

5.1.8. The board of directors and representation.

5.1.9. Determination and application of results.

5.1.10. Statutary amendments.

5.1.11. Structural modifications. Mergers and Acquisition.

5.1.12. Dissolution and liquidation.

 

Subject 6. Competition Law.

6.1. Introduction.

6.2. Unfair competition law.

6.3. Law of antitrust.

6.4. Industrial property law: patent, trademark, industrial design and intellectual property dispute.

 

Subject 7. Contract Law.

7.1. Introduction. The autonomy.

7.2. Contracts with consumers and users.

7.3. Contracts of rent.

7.4. Commission contract.

7.5. Agency contract.

7.6. Distribution Agreement.

7.7. Financing Contracts:

7.7.1. Loan Contract.

7.7.2. Credit Contract.

7.7.3. Leasing contract.

7.7.4. Renting contract.

7.7.5. Factoring contract.

7.7.6. Contracts of commercial current account and bank account.

7.8. Deposit contract.

7.9. Personal and real guarantees.

 

Subject 8. The insolvency law.

8.1. Pre-insolvency Institutions: Art. 5 bis and refinancing agreement.

8.2. Subjective and objective requirements: Definition of insolvency.

8.3. The effects of insolvency. Contest voluntary and necessary proceeding.

8.4. The list of creditors and the bankruptcy estate inventory.

8.5. The receivers: the report.

8.6. Convention or liquidation.

8.7. Conclusion.

Teaching and learning activities

In person

Two essential elements:

1. The preparation and resolution of the case study by students before class.

2. The resolution of the case study in class

Evaluation systems and criteria

In person

The assessments of course is based on the following criteria:

I) Final exam (60% of score):

This exam will have two parts:

1) An objective test or multiple choice answers, explanations regarding teaching sessions conducted for them. This test consists of five questions, and each will be formulated four possible answers, of which one may be right, some, all or none. For each question the wisdom only scored positively in all responses.

2) A written test, in which the student has to answer the question that will be formulated. That question will correspond to a specific point headings contained in the program of the sessions of the course, set out in this Plan (supra, III). The evaluation of the written test will be determined by the degree of knowledge, training and legal rigor that is manifested in the response to the question and, not least, also assess the correction in the expression of legal language. The contents of the response are considered for qualification with explanations correspond mainly given by the professor during the lecture sessions, with regulatory support and case law indicated in these sessions. Also, consider the complement of learning with recommended reading.

Each of these two parts of the exam accounts for 50% of the final exam, and thus, 30% of the final grade.

As a complementary approach, the teacher also weigh the level of student participation during the lecture sessions.

II) evaluation of the seminar sessions or law cases (40% of the final score o mark):

It will assess the level of preparation, correction techniques argument, rigor legal (with proper citation of sources jurisprudence and doctrine) and expressive correction in the answers to the questions are formulated in the case studies discussed during sessions the seminar.

These evaluation criteria are applied equally in all calls (ordinary and recovery). Consequently, the evaluation of practices will continue to call for the eventual recovery.

Bibliography and resources

The manuals are recommended: (1) Aurelio Menéndez Menéndez: "Lessons commercial right", Ed. Civitas, 6 th Edition, (2) Chula VICENTE Francisco: "Introduction to commercial right", Ed. Tirant lo Blanch, 18 th Edition and (3) JIMENEZ SANCHEZ, William J. "Commercial Law II". Ed. Ariel, Barcelona 2008

  © 2024 Universitat Internacional de Catalunya | Contact us | Privacy and data protection | Intellectual property
  Campus Barcelona. Tel.: 93 254 18 00 | Campus Sant Cugat. Tel.: 93 504 20 00