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Derecho Mercantil (BBA70000)

General information

Type:

 BAS

Curs:

 1

Period:

 S semester

ECTS Credits:

 6 ECTS

Teaching Staff:

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

Group Teacher Department Language
Sec: B Blanca Ballester Casanella Derecho ESP

Group Teacher Department Language
Sec: C Jordi Adell Martinez Derecho CAT

Workload distribution

Workload distribution:
Lectures: 48 hours
Participatory sessions: 16 hours
Independent study: 90 hours

COURSE CONTRIBUTION TO PROGRAM

Through this course, participants will acquire knowledge regarding:
- The business structure necessary to carry out business.
- The available legal resources to carry out business.
- The most basic and representative legal limits to be considered when starting or carrying out business.

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 analyses      
Practical case studies      
Exam      
Critical thinking 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.

4. Companies

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

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 grants. 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.

Obligations: Concept and types. Specific features of corporate obligations.
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: Cconcept, 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.

Relation between Activities and Contents

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

Methodology

ASSESSMENT

ASSESSMENT BREAKDOWN

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

Assessment criteria

Exams: Students' knowledge of the set topics will be assessed through a mid-term exam (exempting students from answering questions on the subjects included in this mid-course exam in the final exam) and a final exam, for which students will be set individual questions on each of the sections of the course as set out in the syllabus.

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

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

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

Uría, Rodrigo - Menéndez, Aurelio: Leeciones de Derecho Mercantil. Civitas Ediciones, S.L.

Timetable and sections

Group Teacher Department
Sec: A Luis Mirosa Martínez Derecho

Timetable Sec: A

From 2017/9/6 to 2017/11/29:
Wednesday and Friday from 11:00 to 14:00. (Except: 2017/10/6, 2017/10/18, 2017/10/20, 2017/10/27 and 2017/11/1)

Group Teacher Department
Sec: B Blanca Ballester Casanella Derecho

Timetable Sec: B

From 2017/9/6 to 2017/11/29:
Wednesday and Friday from 14:00 to 17:00. (Except: 2017/10/6, 2017/10/18, 2017/10/20, 2017/10/27 and 2017/11/1)

Group Teacher Department
Sec: C Jordi Adell Martinez Derecho

Timetable Sec: C

From 2017/9/6 to 2017/10/25:
Wednesday and Friday from 17:00 to 20:00. (Except: 2017/10/6, 2017/10/13, 2017/10/18 and 2017/10/20)

From 2017/11/3 to 2017/11/29:
Wednesday and Friday from 17:00 to 20:00.