MPP_OPVZ Business Law including Trade Law

Faculty of Economics and Administration
Spring 2020
Extent and Intensity
1/1/0. 4 credit(s). Type of Completion: zk (examination).
Teacher(s)
Mgr. Marek Pšenko (lecturer)
JUDr. Jindřiška Šedová, CSc. (lecturer)
Mgr. Ing. Martin Štěrba (lecturer)
Guaranteed by
JUDr. Jindřiška Šedová, CSc.
Department of Law - Faculty of Economics and Administration
Contact Person: JUDr. Jindřiška Šedová, CSc.
Supplier department: Department of Law - Faculty of Economics and Administration
Timetable
Wed 16:00–16:50 VT204
  • Timetable of Seminar Groups:
MPP_OPVZ/01: Wed 17:00–17:50 VT204, M. Pšenko, J. Šedová, M. Štěrba
MPP_OPVZ/02: Wed 18:00–18:50 VT204, M. Pšenko, J. Šedová, M. Štěrba
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.
fields of study / plans the course is directly associated with
Course objectives
The aim of the subject is: to provide students with the legal regulation of business and trade law, to teach them to orient in the system of Czech law and to seek the answers to practical legal questions posed by practice, to help them to undersend the role of the Civil Code in connection with the commercial law, to introduce them the regulation of corporations in the Civil Code (legal persons, legal persons, legal representation, business, business status, trade secrets, business register). Subsequently, students will be presented with different forms of business corporations, their advantages and disadvantages in relation to the subject of business, relations between partners and capital, and their way of functioning (legal regulation, establishment, creation, change, extinction, rights and status of partners, for a business corporation, adjustment of the company's equity, etc.). Short attention will also be paid to the legal entities such as the club and the foundation. The next part of the course will be focused on the trade law, where students will learn what types of trade are governed by trade law, what is the content of the trade and what are the conditions for doing business (professional competence). Students will be acquainted with the requirements related to the issue of the trade certificate / concession list and their central records. The interpretation of the commercial law would be incomplete if no commitment rights were incorporated into it. Students will be given an explanation of the system of the law of obligations (legal obligations, tort liability, unjust enrichment obligations or other facts) and will then focus on contractual law (contractual freedom, contract form, good faith, business conditions, E-contracts , contract of adherence, liability for breach of contract, guarantee) with accent on contracts most often concluded in the framework of business activities (purchase contract, lease contract, agency agreement, commission contract, contract of contract, commercial agency agreement, rent). The conclusion of the course will be devoted to the interpretation of the facts of the non-competitive conduct and the legal consequences of such conduct.
Learning outcomes
After completing this course students will be able to: - understand the system of the Czech legal order; - describe the relationship between the Civil Code and the Commercial Corporation Act; - explain the basic terms of business and trade law; - to find information about commercial corporations registered in the Commercial Register; - describe the process of establishing a business corporation; - analyze differences between individual business corporations; - establish a trade; - to obtain information about a business licensee; - describe the meaning and purpose of the commitment law; - to write some types of contracts; - describe the facts of unfair competition and legal instruments against unfair competition; - to clarify the meaning and purpose of law in society.
Syllabus
  • 1. Introduction to the law - Law as a rule of conduct in a law-defined form and enforceable by the state authority - The system of law in the Czech Republic - Lex generalis and lex specialis - Validity and effectiveness of legal norms - Sources of law 2. Civil Code and its relationship to the commercial law - Principles of private law - Legal person (establishment, name, seat, legal entity, revocation, dissolution, liquidation, firm, entrepreneur, representation, trade secret) 3. Business corporation law - Establishment of a corporation, the founding charter, share capital, contribution, non-monetary contribution of the shareholder, share, negotiation on behalf of the corporation,comparison of individual forms of commercial corporation, Commercial corporations 4. Cooperative societies, Foundation - Concept and legal characterization of a cooperative societies and foundation 5. Trade Licensing - Licensed Trades - Issues Related to the Concession List 6. Commitment Law and Contracts ¨ 7. Unfair Competition Law - General clauses - Facts of unfair conduct - Legal consequences of unfair competition
Literature
    required literature
  • RONOVSKÁ, Kateřina, Eva DOBROVOLNÁ and Petr LAVICKÝ. Úvod do soukromého práva : obecná část. Druhé vydání. Brno: Česká společnost pro civilní právo procesní, 2018. 87 stran. ISBN 9788088248026. info
    recommended literature
  • Šedová, J. Studijní texty „Korporátní právo“. ESF MU. Portál výuky právních předmětů ESF: Webová adresa: http://pravoesf.econ.muni.cz/. Informace o přístupových právech k webové aplikaci jsou zveřejněny v IS/Studijní materiály předmětu/Učební texty/.
Teaching methods
TEACHING METHODS:
- Classical teaching methods (verbal, practical)
- Activating methods (discussion, heuristic)
Assessment methods
METHODS OF EVALUATION
The course has a full-time study form. During the semester the students write credit test. Achieving a certain number of points in the credit test and the attendance at the seminars is a prerequisite for the oral exam.
Language of instruction
Czech
Further Comments
Study Materials
The course is taught annually.
The course is also listed under the following terms Spring 2010, Spring 2011, Spring 2012, Spring 2013, Spring 2014, Spring 2015, Spring 2016, Spring 2017, Spring 2018, Spring 2019, Spring 2021.
  • Enrolment Statistics (recent)
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