Checking date: 28/03/2019


Course: 2019/2020

Obligations and contract law
(13962)
Study: Dual Bachelor in International Studies and Law (321)


Coordinating teacher: MORILLAS JARILLO, MARIA JOSE

Department assigned to the subject: Department of Private Law

Type: Compulsory
ECTS Credits: 6.0 ECTS

Course:
Semester:




Students are expected to have completed
Contract Law
Competences and skills that will be acquired and learning results. Further information on this link
1) Knowledge Mandatory law rules related to negotiable instruments. Mandatory law rules related to commercial contracts, specially in order to achieve the protection of consumers; and freedom of commercial contracts. This knowledge is referred to both theory and practical aspects. Both, theory and practice, will enable students to know the basics of Commercial Contracts Law. Knowledge required to the future of student's careers (attorney at law, judge, business management and administration and other related to business world). Likewise, the knowledge of these subjects is necessary to understand the rest of specialised subjects contained in the degree. 2) Abilities Possibility of applying theoretical concepts in real situations: commercial agreements, learning to write and fill out the documents related to commercial contracts. 3) Skills - Ability to negotiate contracts - Improving the ability to advise companies and others - Capacity of individual work and teamwork
Description of contents: programme
Commercial Contract Law is an essential part of Commercial Law. It covers the study of the legal rules of some negotiable instruments (bill of exchange, promissory notes and checks), the general rules of Commercial Contracts and some specific Commercial Contracts in particular. Accordingly, with regard to each contract, the concept of contract, its essential elements, the rights and obligations of the contracting parties, its effects and inefficacy are further analyzed. When studying Contract Law we have to take into account the European legislation as well as International Commercial Law of contracts because there is a tendency towards its uniformity. The protection of consumer's perspective is to be also adopted to approach Commercial Contract Law, making a special reference to the conclusion of contracts with general conditions. The main contracts to be studied are: the contract of sale, the contract of deposit, the contract for carriage of goods, the collaboration contracts (agency, commission agency, distribution, franchising), the insurance contract, and credit and secure transactions, among others. COMMERCIAL CONTRACT LAW PART I.- LEGAL RULES OF NEGOTIABLE INSTRUMENTS 1.- BILL OF EXCHANGE. 2.- BILL OF EXCHANGE: CIRCULATION, ACCEPTANCE, TRANSFER AND PAYMENT. 3.- PROMISSORY NOTES AND CHECKS. REMEDIES IN CASE OF DEFAULT. PART II.- COMMERCIAL OBLIGATIONS AND CONTRACTS 4.- LEGAL REGIME OF COMMERCIAL OBLIGATION. SOURCES OF LAW. UNIFORM LAW OF INTERNATIONAL TRADE. CODES OF CONDUCT AND OTHER SOFT LAW INSTRUMENTS. 5.- COMMERCIAL TRANSACTIONS. CONTRACT FORMATION. PRE-CONTRACTUAL PHASE, OFFER, ACCEPTANCE, COUNTEROFFER. 6.- SPECIFIC COMMERCIAL TRANSACTIONS: CONSUMER CONTRACTS, STANDARD TERMS CONTRACTS, ELECTRONIC CONTRACTING AND RETAIL TRADE. PART III.- MAIN COMMERCIAL CONTRACTS 7.- COMMERCIAL CONTRACTS FOR SALE OF GOODS: CONCEPT, ESSENTIAL ELEMENTS, AKIN CONTRACTS, PARTIES' RIGHTS AND OBLIGATIONS, PASSING OF RISK, DEFAULT AND REMEDIES. 8.- DEPOSIT AND ESCROW AGREEMENTS. 9.- COMMERCIAL CONTRACT FOR THE CARRIAGE OF GOODS. 10.- COLLABORATION CONTRACTS: AGENCY, COMMISSION AGENCY, DISTRIBUTION, FRANCHISING. 11.- INSURANCE CONTRACT. PART IV.- CREDIT AND SECURED TRANSACTIONS 12.- LOAN AGREEMENTS, LEASING, RENTING AND FACTORING. 13.- CONTRACTUAL INSTRUMENTS TO PROTECT CREDIT RIGHTS: SURETYSHIP; INDEPENDENT GUARANTEES AND STAN-BY LETTER OF CREDIT; COMMERCIAL PLEDGE; COMFORT LETTERS; PENALTY CLAUSE AND LIQUIDATED DAMAGES.
Learning activities and methodology
The knowledge is referred to both theory and practical aspects. Both, theory and practice, will enable students to know the basics of Commercial Contracts Law. Knowledge required to the future of student's careers (attorney at law, judge, business management and administration and other related to business world). Likewise, the knowledge of these subjects is necessary to understand the rest of specialised subjects contained in the degree. The subject is made of ETCS. The practical classes will be up to 40% of ECTS and the theory classes up to 60% of those credits. 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. Three on-site hours shall be taught every week. In a first theory class, of one hour and a half, the main contents of the subject shall be explained. For the adequate understanding of the lectures, the previous reading of the subject in the bibliography of reference is recommended. In a second class (continuous valuation), we analyse commercial contracts documents or proposed practical cases shall be solved and the students will have to discuss and legally argue about them instead. Personal tutorial hours (theoretical and practical) will be essential in order to help students to consolidate their knowledge.
Assessment System
  • % end-of-term-examination 60
  • % of continuous assessment (assigments, laboratory, practicals...) 40
Basic Bibliography
  • Bercovitz, A., . Apuntes de Derecho Mercantil. Aranzadi. latest edition
  • Broseta, M. y Martínez Sanz, F., . Manual de Derecho Mercantil, I y II. Tecnos. última edición
  • Menéndez, A. y Uría, R. (dir.), . Curso de Derecho mercantil, I y II. Cívitas. latest edition
  • Piloñeta Alonso, Luis Manuel. Derecho Mercantil de la Contratación. Ediuno. Última edición
  • Sánchez Calero, F. y Sánchez-Calero Guilarte, J.. Instituciones de Derecho mercantil, I y II. Aranzadi. latest edition
  • Vicent Chuliá, F.. Introducción al Derecho mercantil. Tirant lo blanch. latest edition

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