Checking date: 30/08/2018


Course: 2018/2019

Commercial Law
(13750)
Study: Bachelor in Finance and Accounting (201)


Coordinating teacher: CANDELARIO MACIAS, MARIA ISABEL

Department assigned to the subject: Department of Private Law

Type: Compulsory
ECTS Credits: 6.0 ECTS

Course:
Semester:




Students are expected to have completed
To make and follow the subject correctly Business Law is necessary to have previous knowledge or introductory civil law heritage.
Competences and skills that will be acquired and learning results. Further information on this link
1) Knowledge- This knowledge is refered to both theory and practical aspects This includes: -To know the requirements to become a sole trader or a partnership. -To learn the rules to draw up the articles of association -To learn the legal instruments that govern industrial property rights in connection with companies (patents, trademarks, brands, industry designs, among others) as well the advantages and disadvantages of securities. -To examine bankruptcy law applicable in the event of corporate insolvency. 2) Skills: -improving the ability to advise companies -working individually or in team -ability to negotiate 3) Attitudes -Implementation of mandatory law rules related to business corporations -Flexibility of regulatory commercial law 4) Abilities- Possibility of applying theoretical concepts in real situations: partnership agreement, application for registering in the different types of industrial property, learning to write and fill out the documents related to financial securities; how it file bankcruptcy proceeding request.
Description of contents: programme
Lesson 1: Legal regime of businesses and entrepreneurs 1. Concept of Commercial Law. 2. Characteristics and legal sources. 3. Relevant aspects of today's Commercial Law. Lesson 2: Business, entrepreneur and commercial establishment 1. Business: economic and legal definitions. 2. Elements of a business: personal, material and immaterial. 3. General notion of entrepreneur and its relationship to the business. Individual and corporate entrepreneur. 4. Business establishment. Principal establishment and subsidiaries. 5. The business as the object of legal transactions. 5.1. Business acquisition and sale: Notion. Fundamental characteristics of this type of contracts. Obligations of buyer and seller. 5.2. Other legal transactions (Lease, Usufruct, and Business Mortgage). Lesson 3: The Individual Entrepreneur 1. Differences between the legal and economic definitions of entrepreneur. 2. Different classification criteria for entrepreneurs. 3. Definition of individual entrepreneur. 4. Requirements for gaining entrepreneurial status. 5. Limits to the exercise of entrepreneurial activity. 6. The Statute of the Entrepreneur. 7. Entrepreneurial liability. 8. Loss of the entrepreneurial status. 9. Commercial dealings by married persons. 10. The foreign entrepreneur. 11. Commercial Representation (Collaborating with the Entrepreneur). Lesson 4: Professional Duties of the Entrepreneur 1. Entrepreneurial Accountancy. 1.1. Objectives. Regulation. 2. Formal Accounting: mandatory and discretionary records. 2.1. Who is required to keep such records. 2.2. Bookkeeping requirements. 2.2.1. Formalities 2.2.2. Legalization. 2.2.3. Conservation. 2.3. Consequences of violating the above obligations. 2.4. Evidentiary value of accounting records. 3. Material accounting: Annual accounts. 4. Account auditing. 5. Legal Publicity of the Entrepreneur and the Business. 5.1. Implications and Regulation. 5.2. Ways in which it is put into practice. 5.3. The Commercial Registry: individuals and entities subject to mandatory registration, organization, functions, registry examination, remedies, principles, causes of action, public certification, formal publicity. Lesson 5: Legal Protection of the Business Organization 1. Protection of Competition 1.1. Competition Law: evolution and objectives. 1.2. Contents of Competition Law: antitrust and unfair competition. 2. Antitrust Law 2.1. Regulation: European and Spanish Laws. 2.2. Scope of application of European and Spanish regulation. 2.3. Objectives of antitrust regulation. 2.4. Contents of the Antitrust Law: forbidden practices, sanctions, cases in which these practices are permitted, merger control, control of state aid. 2.5. National Competition Commission: role. 3. Unfair Competition 3.1. Regulation of unfair competition: objectives. 3.2. Characteristic elements of unfair practices. Definition of unfair competition. 3.3. Scope of application. 3.4. Practices amounting to unfair
Learning activities and methodology
Passing the subject will mean that the theoretical concepts have been learnt through master classes, seminars and especifics workshops as well a practical ones ( using practical cases, certificates of incorpation, legal actions and judgments). The subject is made of ETCS. The practical classes and workshops will be up to 40% of ECTS and the theory classes up to 60% of those credists. Anyway, according to the legislation about college degrees. (Implementing higher education European agreements) will be taken in account to set the amounts of student¿s study hours. Both theory and practice will enable students to know the fundamentals of commercial law. Knowledge required to the future of student¿s careers (business management and administration and activities about the corporate strategy among other related to business world).
Assessment System
  • % end-of-term-examination 60
  • % of continuous assessment (assigments, laboratory, practicals...) 40
Basic Bibliography
  • BROSETA PONT, M.. Business Law Course. TENCOS.
  • JIMÉNEZ SÁNCHEZ, G.J.. LESSONS OF COMMERCIAL LAW. TECNOS.

The course syllabus and the academic weekly planning may change due academic events or other reasons.