Universitat Internacional de Catalunya
Business Law
Other languages of instruction: English
If the student is enrolled for the English track then classes for that subject will be taught in the same language.
Teaching staff
Students can contact the professor by email: msimonaltaba@uic.es
Introduction
The primary objective of the Business Law course is for students to learn about the content and operation of market institutions law in detail, with a practical slant. The course will focus on introducing the EU and Spanish legal and judicial systems, the basic principles of the company, registration on the companies register, accounting obligations, contract law, and finally, full harmonisation of commercial companies so that students can put forward possible solutions to disputes.
The course content will provide an overview of the entrepreneur, busniess contracts, industrial property, competition, and an introduction to insolvency law.
Objectives
The aim of this course is to ensure that students know how to deal with the legal problems of the business environment. In order to achieve this goal it will be necessary for the student to study, work with the readings and documents presented at each session, and to be able to understand the legal and economic concepts of the course.
The subject does not seeks to form lawyers, but to provide the students with an indispensable tool for his professional future, which is a basic understanding of the Commercial Law. Therefore, all subjects are intended to be a tool to implement this knowledge from an economic point of view.
Competences/Learning outcomes of the degree programme
- 04 - To understand and know how to use financial terms within a business framework.
- 05 - To understand the functions of corporate finance departments.
- 06 - To know how to apply the main policies for capital structure and asset management.
- 14 - To be familiar with and understand the legal framework of trade law and be able to apply it in practical cases related to the business world.
- 28 - To be able to work in another language and use terminology and structures related to the economic-business world.
- 32 - To acquire problem solving skills based on quantitative and qualitative information.
- 33 - To be able to search for, interpret and convey information.
- 39 - To acquire the ability to solve problems and make decisions based on relevant information, applying the appropriate methods and situating the problem within the organisation as a whole.
- 41 - To be able to descriptively summarise information.
- 45 - To be able to work with academic papers.
- 50 - To acquire the ability to relate concepts, analyse and synthesise.
- 53 - To acquire the skills necessary to learn autonomously.
- 56 - To be able to create arguments which are conducive to critical and self-critical thinking.
- 65 - To acquire the ability to put knowledge into practice.
- 66 - To be able to retrieve and manage information.
Learning outcomes of the subject
The expected results are that the student acquires clear concepts and has the ability to apply them by analyzing situations of legal significance.
Syllabus
Unit 1. Introduction to the European and Spanish judicial systems
1.1. Definitions
1.2. Sources of law
1.3. European Legal and Judicial System
1.4. Spanish Legal and Judicial System
Unit 2. Entrepreneur and Commercial Law
2.1. The entrepreneur: types and legal regime
2.2. The legal status of the entrepreneur
23. The Commercial Register
2.4. Commercial representation
2.5. Accounting
Unit 3. Corporate law
3.1. The concept of a company
3.2. Legal personality and formation
3.3. Capital Companies: Limited Company and Stock Corporation
3.4. Concept and characteristics of Capital Companies
3.5. Corporate bodies and decision-making
3.6. Partners and shareholders
3.7. Social Capital
3.8. Calculation and allocation of gains or losses
3.9. Structural modifications
3.10. Dissolution and Liquidation
Unit 4. Competition Law and Industrial Property
4.1. The Law on the Defence of Competition
4.2. Unfair Competition Law
4.3. Industrial Property Law: Patents, Trademarks, Industrial Designs
4.4. Intellectual Property Law
Unit 5. Contract law
5.1. Introduction to commercial contracts
5.2. Contracts with consumers and abusive clauses
5.3. Transfer and rental of companies
5.4. Distribution Contracts
5.5. Commission and Agency Contracts
5.6. Banking contracts
Unit 6. Bankruptcy law
6.1. Insolvency proceedings and the insolvency of the entrepreneur
6.2. Voluntary and Forced Procedures
6.3. Creditors and Insolvency Estate
6.4. Agreement and liquidation of the business
6.5. Qualification and conclusion of the insolvency proceedings
Teaching and learning activities
In person
During the course, master classes will be combined with practical seminars where students, individually and/or in groups, must participate in the resolution and analysis of real cases on different issues of the course subject.
Consequently, class attendance and active participation are necessary and rated in the final grades of the course.
Evaluation systems and criteria
In person
The evaluation system is as follows:
First Call:
-20% of the total grade: class attendance and active participations, specially in the case practices and other activities during the course.
-30% of the total grade: Mid-term "Checkpoint Exam". It will include the topics explained in class up to that date. Passing the checkpoint exam does not free topics for the final exam.
-50% of the total grade: Final exam. It will include all the topics explained in class during the course. To pass the course, the final exam must be passed.
Second Call:
The evaluation criteria will be the same, if the active participation and the checkpoint exam has been succesfully passed. If not, the final exam will represent a 100% of the total grade.
In second call, the maximum total grade that a student can obtain is 7, even if the average according to the previous section were higher.
Bibliography and resources
Basic Legislation:
Spanish Commercial Code
https://www.boe.es/buscar/act.php?lang=es&id=BOE-A-1885-6627&tn=1&p=
Spanish Capital Companies Law
https://www.boe.es/buscar/act.php?id=BOE-A-2010-10544
Spanish Insolvency Law
https://www.boe.es/buscar/act.php?id=BOE-A-2020-4859
For further readings:
Francisco VICENT CHULIÁ, Introducción al Derecho Mercantil volumen II, Valencia, Tirant lo Blanch
Fernando SÁNCHEZ CALERO/Juan SÁNCHEZ-CALERO GUILARTE, Instituciones de Derecho Mercantil, Volumen II, Cizur Menor, Aranzadi.
In all cases, it is important to read the latest edition available