Subject

Commercial Litigation

  • code 10329
  • course 1
  • term Semester 2
  • type OB
  • credits 4

Main language of instruction: Spanish

Other languages of instruction: Catalan

Teaching staff

Head instructor

Dr. Carlos DE MIRANDA - cdemiranda@uic.es

Office hours

Any question concerning the progress of the module, its content or its evaluation should be addressed to the coordinator of the module, prof. Carlos de Miranda, cdemiranda@uic.es.

Introduction

The subject on Mercantile Litigation is based on the study of the basic principles of mercantile judicial processes.

Pre-course requirements

Not required.

Objectives

The fundamental objective of this subject is that the student applies the basic principles of the commercial judicial processes and elaborates precise procedural writs for the commercial judicial defense through the methodology of the case.

Competences / Learning outcomes of the degree programme

  • CA10 - Develop skills and abilities to choose the correct strategy for defending the rights of clients, taking into account the demands of the different areas of professional practice.
  • CA13 - Know how to present facts orally and in writing, extracting and arguing their legal consequences, taking into account the context and who they are being addressed to in accordance with the methods applicable to each procedural area.
  • CA02 - Know the techniques used to ascertain and establish the facts in the different types of procedures, especially with regard to the production of documents, cross-examinations and expert testimony.
  • CA03 - Know and be able to integrate the defence of clients’ rights within the framework of national and international jurisdictional protection systems.
  • CB10 - Possess the learning skills that allow them to continue studying in a mainly self-motivated and self-reliant way.
  • CB06 - Possess and understand knowledge that provides a basis or opportunity to be original in the development and/or application of ideas in a professional context.
  • CB07 - Know how to apply acquired knowledge and problem-solving abilities in new or little-known surroundings within broader (or multidisciplinary) contexts related to their field of study.
  • CG01 - Acquire the ability to work individually and as part of a team as well as the communication and leadership skills required to progress in the legal profession.

Learning outcomes of the subject

  • It recognizes and values the arguments that are at the basis of the mercantile legal processes and identifies emblematic references for each case.

  • It elaborates all the precise procedural writs for the commercial judicial defense of a client.   

  • It applies the basic principles of commercial procedural law, and identifies the main problems that may arise in the course of the process.   

  • It applies the rules of the test in the mercantile process.

Syllabus

  • Challenging social agreements. Responsibility managers. Lifting the veil.
  • Competition of creditors. 
  • Execution and appeals. 
  • Challenging agreements. 
  • Nullity of contracts.

Teaching and learning activities

In person


The University Master's Degree in Abogacía bases its methodology on the "case method" that consists of studying the real assumptions and problems that are dealt with in the offices. The students prepare and analyze the cases, identify the problems and, individually or in groups, once in class together with the teacher, look for solutions and make a common pool of possible alternatives to solve them. 

With the case method we intend to help the student to acquire the main skills of a good lawyer, such as logical reasoning, ease of oral expression and mastery of language, among others. 

The Module on Commercial Litigation consists of 4 ECTS of which 40 hours are teaching and 50 hours are a minimum that will be required of the student's work and from which it will be evaluated.

Evaluation systems and criteria

In person

The evaluation consists of two parameters: 

  • Class participation: Account 60% of the final grade. 
  • Written test and practical case: Account 40% of the final mark.

Bibliography and resources

The main resource that is required to the student is to have a Law of Civil Procedure in force. In addition, you must have a Code of Commercial Laws, updated

As a supporting bibliography, the following is particularly recommended:

-Ramos Méndez, F., The civil trial, 2nd ed., Edit. Atelier, Barcelona, 2015.

-Ramos Méndez, F., Civil Prosecution. How to handle civil litigation, 2 volumes, edit. Atelier, Barcelona, 2008.

-VVAA, Civil Procedural Practice (Brocá-Majada-Corbal), 10 volumes, 23rd ed., Edit. Bosch-Wolters Kluwer, Barcelona, 2014.

Notwithstanding the foregoing references, a generic reference is made to the different manuals and monographs of the disciplines of Civil Procedure and Commercial Law which form part of the bibliographic collections of the UICbarcelona library.

Finally, the module faculty provides students with some additional materials during module development

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