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2020/2021

Business Law

Code: 102183 ECTS Credits: 6
Degree Type Year Semester
2501232 Business and Information Technology FB 1 1
The proposed teaching and assessment methodology that appear in the guide may be subject to changes as a result of the restrictions to face-to-face class attendance imposed by the health authorities.

Contact

Name:
Elena Berdie Muro
Email:
Elena.Berdie@uab.cat

Use of Languages

Principal working language:
catalan (cat)
Some groups entirely in English:
No
Some groups entirely in Catalan:
No
Some groups entirely in Spanish:
No

Teachers

Isidro Galobart Regas
Jose Vicente Morant Gregori

Prerequisites

Tere is not a special requeriment

Objectives and Contextualisation

The subject is located in the first semester of the first course. Given its instrumental character, provides necessary knowledge for an adequate understanding of other accounting and economics subjects.

The following are considered formative objectives:

  • Provide a global vision of commercial Law, especially those issues more related to the business scope and information management.
  • Understand its national, community and international reach.
  • Know and apply the principles and essential rules of Commercial Law.

At all times student's ability to understand the logic of legal reasoning will be prioritized, as well as the development of a sufficient criterion in order to know how to discriminate between relevant and not relevant information.

Competences

  • Communicating orally and in written form and at a technical level in Catalan, Spanish and another language, preferably English.
  • Demonstrating a comprehension of the ethical values of the professional practice, especially in relation to the processing of information.
  • Demonstrating the ability to plan in accordance to the objectives and available resources.
  • Developing self-learning strategies.
  • Students must be capable of searching and analysing information of different sources.
  • Students must demonstrate they know the fundamental standards of law and the way they are applied to the business world and the information management.

Learning Outcomes

  1. Adapting the management to the legal standards of a company, trade and industry.
  2. Analysing the main concepts of constitutional, civil, tax and labour law.
  3. Communicating orally and in written form and at a technical level in Catalan, Spanish and another language, preferably English.
  4. Defining and discussing the main concepts associated to the industrial and intellectual property law.
  5. Defining and discussing the main concepts associated with Commercial Law.
  6. Demonstrating the ability to plan in accordance to the objectives and available resources.
  7. Developing self-learning strategies.
  8. Publicly presenting practical cases about Company Law and the possible legal solutions in light of the regulations, jurisprudence and doctrine.
  9. Relating knowledge with the issues derived from the course of trade.
  10. Students must be capable of searching and analysing information of different sources.

Content

INTRODUCTION

Lesson 1: The legal system.

1. Concept and functions of law.

2. The ordering as a system of norms.

3. The legal norm: concept and structure.

Lesson 2. The legal sources.

1. Concept and classes.

2. The Constitution as the supreme norm and the economic Constitution.

3. The law: concept, classes, legislative procedure.

4 The custom and the general principles of law.

5. The normative hierarachy.

Lesson 3. The European legal order.

1. The structure of the Union.

2. Characteristics and principles of the European legal order.

 

INSTITUTIONS OF  PRIVATE LAW.

LESSON 4. Introduction to private law.

1.Private Law: concept and system.

2. The subjects of the private economic activity.

LESSON 5. General theory of obligations.

1.The obligation: concept and sources.

2. Compliance and non compliance: classes and effects.

LESSON 6.General theory of contract.

1. Concept and elements.

2. Civil and commercial contracts

 

COMMERCIAL LAW.

LESSON 7. Company Law and Commercial Law.

1. Company Law and Commercial Law: delimitation of concepts.

2. Relevant aspects of today's Commercial Law.

3. Sources of Commercial Law.

LESSON 8. Business establishment and its legal protection.

1. Competition Law.

2. UnfairCompetition Law.

3. Patent and trademarks Laws

LESSON 9 The entrepreneur.

1. Concept and classes.

2. The statute of the entrepreneur.

3. Responsibility.

4. Special reference to the individual entrepreneur.

5. Commercial representation.

LESSON 10. PROFESSIONAL DUTIES OF THE ENTREPRENEUR.

1. The accounts of businesses

2. Business Registry.

LESSON 11.COMPANY LAW.

1. Procedure of fundation.

2. Social capital, social organs, dissolution and liquidation.

LESSON 12. BANKRUPTCY LAW.

 

Methodology

Lecturers will put into practice the educational activities they deem appropiate in order to facilitate the study and learning of the student.The development of the teaching of the subject and of the learning of the student is based on the following formative activities:

GUIDED ACTIVITIES: activities where the teacher develops the active part of the class. It includes:

- Master classes where the student reaches the conceptual bases of the subject and its legal and regulatory framework and jurisprudential.

- Practical classes, where the students, individually or in small groups, analyze and solve along with the professor practical cases.

- Other activities that students will develop individually or in small groups with the support of the lecturer, in order to prepare the evaluable practices, such as discussion and resolution of cases, comments, debates, others.

AUTONOMOUS ACTIVITIES: activities that students will develop autonomously. It includes among others the search and reading of bibliography, norms and jurisprudence, study, preparation of practical cases.

Activities

Title Hours ECTS Learning Outcomes
Type: Directed      
Discussion seminars 6.5 0.26 1, 2, 3, 4, 5, 9, 10
Exercises in the classroom, practices and cases, comments,debates) 7 0.28 1, 2, 3, 4, 5, 7, 8, 9
Theory lessons 32.5 1.3 1, 2, 4, 5, 9
Type: Supervised      
Tutorial. 21.25 0.85 1, 2, 4, 5, 6, 9, 10
Type: Autonomous      
Documentation and bibliography. 12.5 0.5 9, 10
Reading of texts 7.5 0.3 1, 2, 3, 4, 5, 9
Study 44.25 1.77 1, 2, 3, 4, 5, 6, 7, 8, 9, 10
Writing of works 15 0.6 1, 2, 4, 5, 6, 9, 10

Assessment

Lecturers will evaluate the competences of this subject through both exams and the resolution of practical cases, reviews of books or magazine articles. The latter can be carried out individually or in small groups.

The evaluation system is based on the following evidences:

Written tests: the degree of the student's knowledge of the theoretical competences will be evaluated through a first test with a value of 25% on the final grade; and a second one that will represent 25% of the final grade if the student has been able to pass the first test and 50% otherwise.

Continuous evaluation of the practical part: the resolution of practical cases and public presentations of practices and assignments will represent 50% of the final grade.

During the semester, the following activities will be proposed:

  • Practical cases, to be autonomously solved in the classroom. Taken together, these activities will account for 35% of the final grade.
  • The review of a book or article, choosing from the list elaborated by the lecturer. The assignment, together with its public presentation, will account for 15% of the total grade.
  • The public presentation of the review will represent half of the grade attributed to the assignment. Both clarity in the presentation of the main ideas and coherence and ability showed in defending the obtained results will be most valued.

Not evaluable:

Students will be considered as " not evaluable" provided they do not take part in any part of the proposed evaluation.Therefore, those who take part in an execise of evaluation can not be considered as "not evaluable".

Calendar of evaluation activities

The dates of the continuous evaluation activities (exercises in the classroom, assignments, ...) will be announced well in advance during the semester.

The date of the midterm an final exams are scheduled in the assessment calendar of the Faculty.

"The dates of evaluation activities cannot be modified, unless there is an exceptional and duly justified reason why an evaluation activity cannot be carried out. In this case, the degree coordinator will contact both the teaching staff and the affected student, and a new date will be scheduled within the same academic period to make up for the missed evaluation activity." Section 1 of Article 115. Calendar of evaluation activities (Academic Regulations UAB). Students of the Faculty of Economics and Business, who in accordance with the previous paragraph need to change an evaluation activity date must process the request by filling out an Application for exams' reschedulehttps://eformularis.uab.cat/group/deganat_feie/application-for-exams-reschedule

Grade revision process

After all grading activities have ended, students will be informed of the date and way in which the course grades will be published. Students will be also be informed of the procedure, place, date and time of grade revision following University regulations.

Retake Process

"To be eligible to participate in the retake process, it is required for students to have been previously been evaluated for at least two thirds of the total evaluation activities of the subject." Section 3 of Article 112 ter. The recovery (UAB Academic Regulations). Additionally, it is required that the student to have achieved an average grade of the subject between 3.5 and 4.9.

The date of the retake exam will be posted in the calendar of evaluation activities of the Faculty. Students who take this exam and pass, will get a grade of 5 for the subject. If the student doesnot pass the retake, the grade willremain unchanged, and hence, student will fail the course. 

Irregularities in evaluation activities

In spite of other disciplinary measures deemed appropriate, and in accordance with current academic regulations, "in the case that the student makes any irregularity that could lead to a significant variation in the grade of an evaluation activity, it will be graded with a 0, regardless of the disciplinary process that can be instructed. In case of various irregularities occur in the evaluation of the same subject, the final grade of this subject will be 0"Section 10 of Article 116. Results of the evaluation. (UAB Academic Regulations).

Assessment Activities

Title Weighting Hours ECTS Learning Outcomes
Resolution of practical cases. 35% 0 0 1, 2, 3, 4, 5, 7, 8, 9, 10
Written test 1 25% 1.75 0.07 1, 2, 5, 6, 7, 9
Written test 2 25% 1.75 0.07 1, 2, 4, 5, 6, 9
Writting and presentations of works. 15% 0 0 1, 2, 3, 4, 5, 6, 7, 9, 10

Bibliography

 

LASARTE, C: Curso de Derecho Civil Patrimonial, Tecnos, Madrid ,last edition.

SANCHEZ CALERO, F: Principios del Derecho mercantil., Aranzadi, Pamplona, last edition.

LATORRE, A: Introducción al derecho, Ariel, Madrid,last edition.

SIERRA NOGUERO, E: Curso de Derecho mercantil, Servei de Publicacions de la universitat Autònoma de Barcelona, last edition.