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Mercantile Law I

Code: 102271 ECTS Credits: 9
2024/2025
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

  1. Contextualising the Commercial Law within the legal system, its role and its usefulness in the business traffic.
  2. 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.
  3. Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
  4. Demonstrating the acquisition of new knowledge from the learning of the main principles and standards of Commercial Law.
  5. Efficiently managing information, being capable of assimilating a considerable volume of data in a limited amount of time.
  6. Managing bibliographic and documentary resources: databases, browsing, etc.
  7. Providing a fair and efficient response to the practical cases proposed from the acquired knowledge.
  8. Publicly presenting practical cases and its possible legal solutions.
  9. 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