Business Law
Code: 102140 ECTS Credits: 6| Degree | Type | Year | Semester |
|---|---|---|---|
| 2501231 Accounting and Finances | OB | 2 | 2 |
Contact
- Name:
- Eliseo Sierra Noguero
- Email:
- eliseo.sierra@uab.cat
Teaching groups languages
You can check it through this link. To consult the language you will need to enter the CODE of the subject. Please note that this information is provisional until 30 November 2023.
Teachers
- José Antonio San Martín Prats
- Jose Jacobo Peris Lull
- Jorge Ortega Soriano
Prerequisites
It is recommended to have studied the subject “ Introduction to Law that is taught in the first semester of first year.
Objectives and Contextualisation
This subject, wich is taught in the second semester of second, has as its basic objective to deepen in the study of the subjects studied in the first year and which are presented as more related to the company.
The first part, devoted to Industrial Law, allows a theoretical and practical vision of the competition Law.
The second part studies the most binding aspects of the praxis of the company law.
The last block is intented to offer a global vision of commercial contracting, making a special mention in the basic aspects of banking and insurance law that will be the subject of a monograph in the optional subject of banking and insurance Law.
Competences
- Communicating in oral and written form in Catalan, Spanish and English, in order to be able to summarise and present the carried out project in both forms.
- Efficiently searching information, discriminating irrelevant information.
- Incorporating knowledge and abilities in order to produce an academic or professional work in the fields of accounting and finances of a company, organisation, or family unit, and promoting in this way the work in more real environments.
- Students must be capable of applying their knowledge to their work or vocation in a professional way and they should have building arguments and problem resolution skills within their area of study.
- Students must be capable of collecting and interpreting relevant data (usually within their area of study) in order to make statements that reflect social, scientific or ethical relevant issues.
- Students must be capable of communicating information, ideas, problems and solutions to both specialised and non-specialised audiences.
- Students must develop the necessary learning skills to undertake further training with a high degree of autonomy.
- Students must have and understand knowledge of an area of study built on the basis of general secondary education, and while it relies on some advanced textbooks it also includes some aspects coming from the forefront of its field of study.
Learning Outcomes
- Applying concrete techniques acquired in the degree to the composition of the work.
- Communicating in oral and written form in Catalan, Spanish and English, in order to be able to summarise and present the carried out project in both forms.
- Efficiently searching information, discriminating irrelevant information.
- Publicly presenting practical cases about Company Law and the possible legal solutions in light of the regulations, jurisprudence and doctrine.
- Structuring the work scientifically in the written presentation.
- Students must be capable of applying their knowledge to their work or vocation in a professional way and they should have building arguments and problem resolution skills within their area of study.
- Students must be capable of collecting and interpreting relevant data (usually within their area of study) in order to make statements that reflect social, scientific or ethical relevant issues.
- Students must be capable of communicating information, ideas, problems and solutions to both specialised and non-specialised audiences.
- Students must develop the necessary learning skills to undertake further training with a high degree of autonomy.
- Students must have and understand knowledge of an area of study built on the basis of general secondary education, and while it relies on some advanced textbooks it also includes some aspects coming from the forefront of its field of study.
- Using the appropriate vocabulary in the oral presentation.
Content
INDUSTRIAL LAW AND ANTITRUST LAW.
- Industrial property.
- Intellectual property.
- Competition Law.
- Law of unfair competition.
COMMERCIAL CONTRACTS.
- Purchase and related contracts.
- Distribution contracts.
- Bank contracts.
- Contract of transport.
- Insurance contract.
Methodology
The student learning system consists of the synhesis of the following models.
- MASTER CLASS: The active participation of the student will enable the adequate understanding of the subject.
- STUDY BY THE STUDENT.
- RESOLUTION OF PRACTICAL CASES. It will consist in the resolution of practical cases extracted from the commercial praxis and related to each lesson or thematic block of the subject.
The proposed teaching methodology may undergo some modifications according to the restrictions imposed by the health authorities o non-campus courses.
Annotation: Within the schedule set by the centre or degree programme, 15 minutes of one class will be reserved for students to evaluate their lecturers and their courses or modules through questionnaires.
Activities
| Title | Hours | ECTS | Learning Outcomes |
|---|---|---|---|
| Type: Directed | |||
| Discussion seminars | 18.5 | 0.74 | 5, 4, 1, 10, 9, 8, 6, 7, 2, 11 |
| Theoretical classes | 31 | 1.24 | 10, 6 |
| Type: Supervised | |||
| Tutorial | 15 | 0.6 | 10, 6 |
| Type: Autonomous | |||
| Documentation and bibliography | 20 | 0.8 | 3, 10, 6 |
| Preparation of cases and resolution of executions | 47 | 1.88 | 3, 10, 6 |
| Redaction of works | 15 | 0.6 | 3, 10, 6 |
Assessment
The evaluation system is organized based on the following learning evidences.
1. Written tests: The teacher will evaluate the degree of knowlwdge of content competencies theoretical by performing a first test with a value of 25% on the final grade and a second test that will represent 25% of the final grade of the student if it has exceeded the first and 50% in another case.
2 Continous evaluation of assignments:The resolution of practical cases and public presentations of practices and work will represent 50% of the final grade.
To pass the subject, the students will have to obtain a half mark of 5 points (or more than 5) between all the learning evidence.
For the exams to be computed in the calculation of the exam, it will be essential that the students have obtained a minimum grade of 3.5 in each exam.
NOT EVALUABLE: Student will be considered as "not evaluable" provided they do not take part in whatever exercise of evaluation.
Calendar of evaluation activities
The dates of the evaluation activities (midterm exams, exercises in the classroom, assignments, ...) will be announced well in advance during the semester.
The date of the final exam is 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 anevaluation activity date must process the request by filling out an Application forexams' reschedulehttps://eformularis.uab.cat/group/deganat_feie/application-for-exams-reschedule
COMPREHENSIVE EVALUATION (Art. 265 of the UAB Academic Regulations)
By requesting the comprehensive evaluation the student waives the option of continuous evaluation.
The comprehensive evaluation must be requested at the Academic Management (Gestió acadèmica) of the Campus where the degree/master's degree is taught. The request must be filed according to the procedure and the deadline established by the administrative calendar of the Faculty of Economics and Business.
Attendance :
- Student attendance is mandatory on the day of the comprehensive assessment. The date will be the same as that of the final exam of the semester as per the evaluation calendar published by the Faculty of Economics and Business and approved by the Faculty's Teaching and Academic Affairs Committee. The duration of the comprehensive assessment must be specified in the characteristics of such activity.
- 100% of the evaluation evidences must be handed in by the student on the day of the comprhensive assessment.
- The evaluation evidences carried out in person by the student on the same day of the comprehensive assessment must have a minimum weight of 70%.
The following information referring to the characteristics of the comprehensive assessment must be included. We suggest incorporating the following table:
|
Evidence Type (1) |
Weight in the final assessment (%) (2) |
Duration of the activity |
Is the activity that corresponds to this evaluation evidence to be carried out in person on the date scheduled for the comprehensive evaluation? (YES/NO) (3) |
|
Specific exam |
70% |
2 hours |
Yes |
|
6 specific cases |
30% |
10 hours |
No, they are delivered the day of the exam |
|
|
|
|
|
|
TOTAL |
100% |
|
|
(1) Descriptive title of each piece of evidence (exam, problem sets solving, case analysis, activity carried out using specific software that the student is expected to know,...)
(2) Weight of the evidence in the final mark of the subject (specify the percentages of each evaluation evidence that the student must undertake)
(3) For each piece of evidence: Is the activity that corresponds to this evaluation evidence tobe carried out in person on the date scheduled for the comprehensive evaluation? (YES/NO)
RETAKE PROCEDURE :
"For the retake procedure, no distinction is made between students who have followed the continuous evaluation and those who have opted for the comprehensive evaluation. All will be re-assessed using the same test or evaluation evidence."
REVIEW OF THE FINAL QUALIFICATION:
"The review of the final qualification will follow the same procedure as for the continuous evaluation".
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 does not pass the retake, the grade will remain unchanged, and hence, student will fail the course.
Students who, failing the second exam, obtain a grade that forces them to go to re-evaluation must take the entire subject exam even if they had passed the partial exam on the day. Therefore, in the reassessment, the entire subject must be examined.
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 variationin the grade of an evaluation activity, it will be graded with a 0, regardless of the disciplinary process thatcan 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).
The proposed evaluation activities may undergo some changes according to the restrictions imposed by the health authorities o non-campus courses
Assessment Activities
| Title | Weighting | Hours | ECTS | Learning Outcomes |
|---|---|---|---|---|
| Recension | 15% | 0.75 | 0.03 | 3, 10 |
| Resolution of practical cases. | 35% | 0.75 | 0.03 | 3, 10 |
| Written test 2 | 25% | 1 | 0.04 | 10 |
| written test 1 | 25% | 1 | 0.04 | 3, 5, 4, 1, 10, 9, 8, 6, 7, 2, 11 |
Bibliography
BROSETA PONT, Manuel y MARTÍNEZ SANZ, Fernando: Manual de Derecho Mercantil, 2 vols, Tecnos, Madrid, last edition.
JIMENEZ SÁNCHEZ, Guillermo: Lecciones de Derecho Mercantil, Tecnos, Madrid, last edition.
MENÉNDEZ, Aurelio y ROJO, Ángel (Coords.): Lecciones de Derecho Mercantil, Civitas, Madrid, last edition.
SANCHEZ CALERO,F: Instituciones de Derecho Mercantil, 2 vols, Aranzadi,Pamplona, last edition.
SIERRA NOGUERO, E., Curso de Derecho Mercantil, UAB, last edition.
VICENT CHULIÀ, F: Introducción al Derecho Mercantil, Tirant Lo Blanch, Valencia, last edition.
Software
No software is required to take this subject.