Mercantile Law I
Code: 102271 ECTS Credits: 9| Degree | Type | Year |
|---|---|---|
| 2500786 Law | OB | 2 |
Contact
- Name:
- Jorge Miquel Rodríguez
- Email:
- jorge.miquel@uab.cat
Teachers
- Carlos Gorriz Lopez
- Ramón Morral Soldevila
- Luis Pedrayes Gullon
- Concepción Blázquez Giménez
- Angel Lafoz Torres
- Jorge Ortega Soriano
- Monica Perna Hernandez
Teaching groups languages
You can view this information at the end of this document.
Prerequisites
There are no previous requirements.
The subject will be taught taking into account the perspective of the Sustainable Development Goals
LAW
Group 1. Jorge Miquel
Seminar 11. To be confirmed
Seminar 12. To be confirmed
Seminar 13. To be confirmed
Group 2 To be confirmed
Seminar 21 To be confirmed
Seminaro 22. To be confirmed
Seminar 23. To be confirmed
Groupo 51. Ramón Morral
Seminar 511. To be confirmed
Seminar 512. To be confirmed
Seminar 513. To be confirmed
BUSINESS & LAW
Groupo 70 Carles Górriz
Seminaro 701. Carles Górriz/ To be confirmed
Objectives and Contextualisation
To reach a good knowledge of the principal institutions of Commercial law related to its legal sources, the businessperson, the industrial property, anti-trust and unfair competition law and corporate enterprises.
Competences
- 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, assessing and putting into practice changes in jurisprudence.
- 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.
Learning Outcomes
- Contextualising the Commercial Law within the legal system, its role and its usefulness in the business traffic.
- 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.
- Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
- Demonstrating the acquisition of new knowledge from the learning of the main principles and standards of Commercial Law.
- Efficiently managing information, being capable of assimilating a considerable volume of data in a limited amount of time.
- Managing bibliographic and documentary resources: databases, browsing, etc.
- Providing a fair and efficient response to the practical cases proposed from the acquired knowledge.
- Publicly presenting practical cases and its possible legal solutions.
- Summarising the basic principles of jurisprudence in the main aspects relatives to the economic and business activity.
Content
Concept, historical evolution and sources of commercial law.
The individual entrepreneur. Business accountancy. The Business Registry. The commercial establishment.
Industrial property rights on patents and other industrial inventions and on trademarks and other distinctive signs
Competition law: Antitrust law and unfair competition law.
General theory of company law
The general partnership and the simple limited liability partnership.
Capital companies: Basic aspects. Procedures of foundation. Stakes and shares. Obligations The general meeting and the managing. Financial statements. Amendments to the by- laws. Separation and exclusion of partners and shareholders. Structural changes in commercial companies. The dissolution and liquidation of the commercial companies.
Other commercial companies and Groups of companies.
Activities and Methodology
| Title | Hours | ECTS | Learning Outcomes |
|---|---|---|---|
| Type: Directed | |||
| Master classes | 41.5 | 1.66 | 3, 5, 6, 8 |
| Seminars (practical cases, comments, debates, simulation of trials...) | 22 | 0.88 | 1, 2, 3, 4, 5, 6, 7, 8, 9 |
| Type: Autonomous | |||
| Tasks and study out the class | 156.5 | 6.26 | 1, 2, 3, 4, 5, 6, 7, 8, 9 |
For the Business Administration and Law degree, the subject is lectured at the first semester
Lecturers will put into practice the educational activities they deem appropriate 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:
1. 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.
Also, the seminars, where students, individually or in small groups, analyze and solve along with the professor practical cases. Supervised activities: 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, simulations of judgments, others.
2. 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.
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.
Assessment
Continous Assessment Activities
| Title | Weighting | Hours | ECTS | Learning Outcomes |
|---|---|---|---|---|
| Final exam | 50% | 5 | 0.2 | 1, 2, 3, 4, 5, 6, 7, 8, 9 |
Continued avaluation
Law: attendance at seminars is compulsory. There will be three assessable activities (two practical cases and a commentary or analysis of sentences). Two of these three activities will have a value of 1.5 points and the third will have a value of 2 points. The sum of all of them will count for 50% of the final grade. The other 50% will be the exam grade
ADE + Law: the continuous assessment is the sum of the grade of the weekly activities. The weekly seminars will count for 20% of the final grade. Work outside the classroom will count for 30% of the final grade. The other 50% will be the exam grade
In order to pass the subject, you must obtain a 5 by taking the average between the evaluable activities and the final exam (or the re-evaluation) and have obtained a minimum of 3.5 points in both the evaluable activities and the 'final exam.
To be able to take the reassessment you must have obtained at least a 3.5 average in the subject
Students will be assessable as long as they have completed a set of activities whose weight is equivalent to a minimum of 2/3 of the total grade for the subject. If the value of the activities carried out does not reach this threshold, the subject teacher may consider the student as not assessable.
Unique assessment
People who opt for the single evaluation system will be examined taking into account the following items:
50% of the grade (5 points out of 10) will be obtained in a test.
The other 50% of the grade (5 points out of 10) will be obtained by completing two different activities that have an equivalent content to what was done in the seminars. These will consist of the resolution of a practical case (will have a value of 3 points) and comment or analysis of one or more sentences (2 points).
To carry out the tests corresponding to the activities, the relevant legislation can be consulted in paper format, but it will not be possible to access computer resources, notes or materials. Only legislation may be used, and as long as it is not supplemented with other information.
The performance of the tests corresponding to the activities will be carried out in person, coinciding with the day set for the performance of the test exam
The same recovery system as for the continuous assessment will be applied
The same non-evaluable criterion will be applied as for the continuous evaluation
Bibliography
RECOMMENDED BOOKS
Alonso Ledesma, Carmen (dir) i Fernández Torres, Isabel (coord) Derecho de sociedades, Barcelona, Atelier
Broseta Pont, Manuel - Martínez Sanz, Fernando., Manual de Derecho mercantil, vol. I, Madrid, Tecnos.
Jiménez Sánchez, Guillermo - Díaz Moreno, Alberto (dirs.), Derecho mercantil I, Barcelona-Madrid-São Paulo, Marcial Pons
Menéndez, Aurelio - Rojo, Angel (dirs.), Lecciones de Derecho mercantil, vol. I, Cizur Menor, Thomson Reuters Civitas (Available at the UAB digital library).
Miquel Rodríguez, Jorge (Coord.) Derecho Mercantil I, Barcelona, Atelier
Sánchez Calero, Fernando, Sánchez-Calero, Juan, Instituciones de Derecho mercantil, vol. I, Cizur Menor, Thomson Reuters Aranzadi. (Available at the UAB digital library).
Vicent Chulià, Francisco.: Introducción al Derecho mercantil, última edició, Valencia, Tirant lo Blanc (Available at the UAB digital library)
Further bibliography will be recommended specifically
Software
Not required any specifically
Language list
| Name | Group | Language | Semester | Turn |
|---|---|---|---|---|
| (TE) Theory | 1 | Spanish | second semester | morning-mixed |
| (TE) Theory | 2 | Spanish | second semester | morning-mixed |
| (TE) Theory | 51 | Catalan | second semester | afternoon |
| (TE) Theory | 70 | Catalan | first semester | morning-mixed |