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Derecho I (BBA70000)

General information

Type:

 BAS

Curs:

 1

Period:

 S semester

ECTS Credits:

 6 ECTS

Teaching Staff:

Group Teacher Department Language
Sec: A Antonio Delgado Planas Derecho CAT

Group Teacher Department Language
Sec: B Antonio Delgado Planas Derecho ESP
Sec: B Pablo Manuel Rodriguez Abelenda Derecho ESP

Group Teacher Department Language
Sec: C Luis Mirosa Martínez Derecho CAT

Workload distribution

Workload distribution:

Lectures: 24 hours
Participatory sessions: 30 hours
Independent study: 111 hours
Tutorials / feedback: 6 hours

COURSE CONTRIBUTION TO PROGRAM

This course will provide knowledge:
- On the business structure necessary for students to develop their activity.
- Of the available legal resources for the undertaking of their activity
- Of the most basic and representative juridical limits to be considered when starting or while undertaking an activity

Course Learning Objectives

Having taken this course students will be able to undertake a critical analysis of specific legal questions related to business activity; it will enable the understanding of and give purpose to other courses included in the programme; it will enable decision-taking within the legal limits for specific activities students go on to undertake or develop and it will provide basic criteria to understand, as well as decide on the advisability of and offer general evaluations of the advice and activities conducted by legal professionals .

Competences

1. Knowledge acquisition, comprehension and structuring
7. Comprehension of the complexity of the local and global contexts
3. Taking decisions / making judgments

Relation between Activities and Competences

1 7 3
Case study analysis      
Practical case studies      
Exam      
Critical thinking about and comparison      
Independent study      

CONTENT

1. The law, regulations and legislation

The concept of Law. Legal rights.
Legal rule, its structure and limits.
National and supranational legislation. European Law.

2. Natural person

Concepts of the business and businessperson.
The natural person and relevant circumstances.
Legal capacity and the capacity to act.
The natural person as businessperson.

3. Sole proprietors and corporations

Sole proprietors. Classification: Individualists and capitalists.
Capital, assets and reserves.
Social contributions.
Shares and participation.
Treasury stock.

4. Companies

Corporate governing bodies.
General Assembly of Shareholders.
Administrative body.
Annual accounts. Audits.

5. Intellectual property, defence of competition, and unfair competition

The Distinctive signs of a company and its products: Trade name and trademarks
General law on competition.
Concepts of the 'defence of competition' and 'unfair competition': Differences.
Defence of competition: Prohibited and collusive behaviour, abuse of dominant position, falsification for unfair acts. Mergers and acquisitions. Public aid. Competent bodies, procedures and sanctions.
Unfair competition: Legal concept. Competency model. Concrete assumptions.

6. General theory of obligations and contract law. Corporate purchase-sale law.

Obligation: Concept and classifications. Specific features of corporate obligation.
The contract: Concept and classifications. Specific corporate features of the contract.
Purchase-sale: The concept. Tradability. Objective elements: Goods and price.
Obligations between the different parties. Risk transfer.
Special purchase-sales.
International purchase-sales.

7. Agency, distribution and franchise agreements.

Agency: economic concept and function. Obligations between parties. Termination.
Distribution: economic concept and function. Obligations between parties. Termination.
Franchise: economic concept and function. Obligations between parties.

8. Banking contracts.

Banking transactions: The concept, characteristics and types.
Active transactions. Credit account opening: The concept and economic function, obligations between parties, termination. Opening of third party credit facility or documentary credit. Discounting agreement; economic concept and function. Obligations between parties. Termination.
Passive transactions: Bank deposits. Types. Other banking transactions: Bank guarantees, transfers and surety and mediation services.

9. General securities theory. Bills of exchange, cheques and promissory notes.

General Securities: concept and function. Classes. Principles underlying their function.

The bill of exchange: concept and function. Their creation. Acceptance. Circulation: endorsement. The bank guarantee. Due date. Payment or default on bill.

The cheque: Concept and economic function. Its creation: Legal requirements. Circulation. Types of cheques. Cheque payment or default.

The promissory note: Concept and economic function. Its creation. Circulation. Promissory note payment or default.

Relation between Activities and Contents

1 2 3 4 5 6 7 8 9
Case study analysis                  
Practical case studies                  
Exam                  
Critical thinking about and comparison                  
Independent study                  

Methodology

ASSESSMENT

ASSESSMENT BREAKDOWN

Description %
Practical case studies 20
Exam 70
Critical thinking about and comparison 10

Assessment criteria

Practical case study: Assessment will be based partly on the marks obtained in the case study analyses carried out during the course.

Exam: Students knowledge of the set topics will be assessed through a mid-term exam (which is voluntary and in the end-of-course exam students will be exempted from answering questions on the subjects they are examined on in this mid-course exam) and a final exam, for which will students will be set individual questions on each of the sections of the course as set out in the Course Content.

Critical thinking about and capacity to compare and contrast issues raised in the course: Students contributions to the classes will be taken into account.

Bibliography

Short bibliography:
Muñoz Delgado, José Alfredo: Introducción al Derecho mercantil (ADE). Editorial Aranzadi

De la Cuesta Rute, José María: Derecho Mercantil para grados no jurídicos (3ª edición). Huygens Editorial

Sánchez Calero, Fernando: Principios de Derecho Mercantil. Thomson Aranzadi.

Uría, Rodrigo; Menéndez, Aurelio: Lecciones de Derecho Mercantil. Civitas Ediciones, S.L.

Uría, Rodrigo: Derecho Mercantil. Marcial Pons Editores.

Timetable and sections

Group Teacher Department
Sec: A Antonio Delgado Planas Derecho

Horari Sec: A

From 2015/9/16 to 2015/11/13:
Wednesday and Friday from 11:00 to 14:00. (Except: 2015/10/16, 2015/10/28, 2015/10/30, 2015/11/4 and 2015/11/11)

From 2015/11/4 to 2015/12/2:
Wednesday and Friday from 11:00 to 14:00. (Except: 2015/11/6 and 2015/11/13)

Group Teacher Department
Sec: B Antonio Delgado Planas Derecho
Sec: B Pablo Manuel Rodriguez Abelenda Derecho

Horari Sec: B

From 2015/9/16 to 2015/12/2:
Wednesday and Friday from 17:00 to 20:00. (Except: 2015/10/16, 2015/10/28, 2015/10/30 and 2015/11/25)

Friday 2015/10/30 from 9:00 to 12:00.

Monday 2015/12/14 from 10:00 to 13:00.

Group Teacher Department
Sec: C Luis Mirosa Martínez Derecho

Horari Sec: C

From 2015/9/16 to 2015/11/13:
Wednesday and Friday from 8:00 to 11:00. (Except: 2015/10/16, 2015/10/28, 2015/10/30, 2015/11/4 and 2015/11/11)

From 2015/11/4 to 2015/12/2:
Wednesday and Friday from 8:00 to 11:00. (Except: 2015/11/6 and 2015/11/13)