esade

Business & Law: The Legal Dimension in International Business (2235.YR.000795.1)

General information

Type:

OPT

Curs:

1

Period:

S semester

ECTS Credits:

5 ECTS

Teaching Staff:

Group Teacher Department Language
Year 1 Antonio Delgado Planas Derecho ENG

Prerequisites

There are no pre-requisities for attendance of this course.

Previous Knowledge

No prior knowledge of law is needed.

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.

CONTENT

1. Legal systems

The concept of Law. Legal rights. The rule of law
Common Law countries vs. Civil Law countries (European Law)

2. Company Law

Do we need to set up a company?
Capital, shares, assets and reserves
Corporate Governance and Compliance

3. Competition Law

Protection of free competition: systems and evolution
Collusion practices (Horizontal and vertical agreements. Equivalent effect measures. Regime of exceptions to the prohibition: exemptions by category)
Abuse of dominant position
Concentration operations
State aids.

4. Unfair competition

Legal model and concrete assumptions

5. Intellectual Property

The distinctive signs of a company and its products: trademarks and trade names
Protection of industrial creation: patents and industrial designs
Copyright
Technology transfer agreements
IPS liability

6. Agency, distribution and franchise agreements

Concept and types of contract
How to develop a commercial network from a legal point of view.

7. Banking and financial agreements

Active transactions: credit account opening, opening of third-party credit facility or documentary credit, discounting agreement
Passive transactions: bank deposits, bank guarantees, transfers and surety and mediation services.

Methodology

The course methodology is based on:
a) Some lectures on the topics.
b) The study of a selected number of topics through individual study, group work and class discussions.
c) The completion of practical case studies linked to the course topics.

Consequently, the work to be undertaken by students includes:
a) The study of the topics taught.
b) Prior preparation of specific topics.
c) The completion of practical case studies.
Normally, these case studies will have to be completed but not submitted. The submission of a number of case studies will be requested and prior notice will be given for these.

This methodology is wholly suited to the study of Business Law. Through the analysis of case studies in groups it contributes to the development of group-work skills, enables an understanding of conflicts in relation to values and ethical principles and, by insisting on attention being paid to the needs of each group member, it facilitates the targeted delivery of a service. Being applied to a branch of law such as Business Law, which is subject to constant variation and directly affects how economic activity is organised as well as the development of conduct in the world of business (and thereby shows the needs for ethical conduct on the part of operators), the methodology used will enable the development of the course's assigned competences (to acquire, understand and structure knowledge and the acquisition of ethical values and principles) through the search for excellence and critical analysis.

Topics requiring prior preparation
Students will have to prepare the different topics identified at the outset of the subject on their own. These topics will then be subject to debate in the assigned sessions, with faculty serving as moderators. Faculty may present students with a written question to answer at the start of these sessions. These questions will be assessed. Similarly, students may be assessed on their contributions to these sessions.

ASSESSMENT

ASSESSMENT BREAKDOWN

Description %
Case studies 20
Participation 20
Final case 60

Assessment criteria

Case study & class activities: Assessment will be based partly on the marks obtained in the case study analyses carried out during the course (30%).

Final Case: Students knowledge of the set topics will be assessed through a final case (70%).

Timetable and sections

Group Teacher Department
Year 1 Antonio Delgado Planas Derecho

Timetable Year 1

From 2023/9/18 to 2023/11/20:
Each Monday from 10:45 to 12:15. (Except: 2023/9/25)
Each Monday from 9:00 to 10:30. (Except: 2023/9/25)