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2020/2021

Mercantile Law II

Code: 102270 ECTS Credits: 6
Degree Type Year Semester
2500786 Law OB 3 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:
Eliseo Sierra Noguero
Email:
Eliseo.Sierra@uab.cat

Use of Languages

Principal working language:
spanish (spa)
Some groups entirely in English:
No
Some groups entirely in Catalan:
Yes
Some groups entirely in Spanish:
Yes

Prerequisites

There is no previous requirements.

Groups 1, 2 and 3 of the Law Degree are in Spanish. Groups 51 of the Law Degree and 70 of the Law-Business Management Administration Degree are in Catalan.  

Objectives and Contextualisation

To assume a good knowledge of the principal institutions of Commercial law related to commercial contracts, securities and bankruptcy law.

Competences

  • Defending and promoting the essential values of the social and democratic State of Law.
  • Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
  • Efficiently managing information, being capable of assimilating a considerable volume of data in a limited amount of time.
  • Identifying, knowing and applying the basic and general principles of the legal system.
  • Managing bibliographic and documentary resources: databases, browsing, etc.
  • Memorising and utilising legal terminology.
  • Presenting in front of an audience the problems of a concrete law suit, the applicable legal regulations, and the most consistent solutions.
  • Searching, interpreting and applying legal standards, arguing every case.
  • Students must be capable of learning autonomously and having an entrepreneurial spirit.

Learning Outcomes

  1. Associating the Commercial Law with the current and future society as well as with other (political, sociological, etc.) sectors of society and also with its state, community and international context.
  2. Contextualising the Commercial Law within the legal system, its role and its usefulness in the business traffic.
  3. Critically distinguishing the historical trajectory in the approval of commercial standards and in the training of trade uses, and being ready to anticipate alternative legal solutions.
  4. Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
  5. Demonstrating theoretical and practical knowledge of Commercial Law, appropriately using its terminology.
  6. Efficiently managing information, being capable of assimilating a considerable volume of data in a limited amount of time.
  7. Identifying the difference in efficiency of including or not concrete clauses in a trading commercial contract, company contract, charter contract, an other commercial contracts.
  8. Managing bibliographic and documentary resources: databases, browsing, etc.
  9. Providing a fair and efficient response to the practical cases proposed from the acquired knowledge.
  10. Publicly presenting practical cases and its possible legal solutions.
  11. Relating the knowledge with problems derived from business traffic in terms of offering fair and efficient solutions.
  12. Students must be capable of learning autonomously and having an entrepreneurial spirit.
  13. Summarising the theoretical and practical knowledge when drawing up contracts and other commercial law instruments.

Content

The commercial contract
										
											
										
											The commercial sale contract and related contracts
										
											
										
											Collaboration contracts
										
											
										
											Bank contracts
										
											
										
											Contracts in securities markets
										
											
										
											Insurance contracts
										
											
										
											The contract of transport
										
											
										
											Securities
										
											
										
											Bankruptcy Law

Methodology

For the group of the degree in Law, master clases will be online, while seminars and practices will take place in class.

For each group, the specific date or the week of carrying out the evaluable activities will be published before the beginning of the teaching, notwithstanding the fact that, exceptionally and due to reasons of force majeure, these may, with prior notice and sufficiently in advance, be modified.

The mark of the practices and the participation in the class will be made public before the final exam.

To pass the subject, the student must have obtained a minimum mark of 3.5 in the final exam and participated in the other two evaluation activities.

Students who have not pass the subject, have right to retake the final exam if they have obtained at least 3 in each of the three evaluation activities (final exam, assignments and participation in class).

These three evaluation activities will be taken into account to determine the final grade resulting from the evaluation as well as the reevaluation. Students who retake exam may obtain a maximum grade of 7.

A student who cheats or try to cheat an exam will have a 0 as a mark. A Student who submits a paper o practical in which there is evidence of plagiarism will have a 0 as a mark and will receive a warning. In case of repetition, the students will fail the subject.

Activities

Title Hours ECTS Learning Outcomes
Type: Directed      
Exercises (practices and cases, comments, debates, simulation of trials...) 22.5 0.9 5, 4, 10, 6, 8, 13
Master classes 22.5 0.9 2, 3, 7, 11, 13, 1
Type: Autonomous      
Tasks and study out the class 72.5 2.9 2, 5, 3, 6, 9, 11, 1

Assessment

For each group, the specific date or the week of carrying out the evaluable activities will be published before the beginning of the teaching, notwithstanding the fact that, exceptionally and due to reasons of force majeure, these may, with prior notice and sufficiently in advance, be modified.

The mark of the practices and the participation in the class will be made public before the final exam.

To pass the subject, the student must have obtained a minimum mark of 3.5 in the final exam and participated in the other two evaluation activities.

Students who have not pass the subject, have right to retake the final exam if they have obtained at least 3 in each of the three evaluation activities (final exam, assignments and participation in class).

These three evaluation activities will be taken into account to determine the final grade resulting from the evaluation as well as the reevaluation. Students who retake exam may obtain a maximum grade of 7.

 

Assessment Activities

Title Weighting Hours ECTS Learning Outcomes
Active participation in lecturers 20% 22.5 0.9 4, 10, 8, 11, 13
Assignments 30% 5 0.2 5, 4, 3, 10, 8, 11, 12
Final exam 50% 5 0.2 2, 3, 6, 7, 9, 11, 13, 1

Bibliography

RECOMMENDED BOOKS

Broseta Pont, Manuel - Martínez Sanz, Fernando, Manual de derecho mercantil, vol. II, last edition, Madrid, Tecnos.

Jiménez Sánchez, Guillermo - Díaz Moreno, Alberto (dirs.), Derecho mercantil II, last edition, Barcelona-Madrid-São Paulo, Marcial Pons

Menéndez, Aurelio - Rojo, Angel (dirs.), Lecciones de derecho mercantil, vol. II, last edition, Cizur Menor, Thomson Reuters Civitas

Sánchez Calero, Fernando, Instituciones de derecho mercantil, vol. II, 2015, Cizur Menor, Thomson Reuters Aranzadi.

Sierra, Eliseo, Esquemas de derecho de los contratos mercantiles. Incluye los contratos marítimos, fouth edition, 2020, Valencia, Tirant lo Blanc.