MVV134K The Law of Remedies - A Comparative Perspective

Faculty of Law
Autumn 2013
Extent and Intensity
0/1. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Yehuda Adar (seminar tutor), doc. JUDr. Jiří Valdhans, Ph.D. (deputy)
Guaranteed by
doc. JUDr. Jiří Valdhans, Ph.D.
Department of International and European Law – Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Department of International and European Law – Faculty of Law
Timetable of Seminar Groups
MVV134K/01: Mon 25. 11. 16:40–18:10 215, 18:15–19:45 215, Tue 26. 11. 18:15–19:45 302, Wed 27. 11. 8:00–9:30 034, Thu 28. 11. 16:40–18:10 214, 18:15–19:45 214
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 0/30, only registered: 0/30
fields of study / plans the course is directly associated with
there are 31 fields of study the course is directly associated with, display
Course objectives
At the end of the course students should be able to:
- identify the various interests which a certain private law infringement may involve and to think systematically about the practical remedial solutions which a litigant may reasonably expect to receive for his or her grievance;
- assess critically the approach of their own legal system to remedial issues, with the assistance of comparative analysis of modern international instruments.
Syllabus
  • 1. Introduction to the Law of Remedies (General introduction to the world of remedies: The importance of Remedies; Terminological Problems; History of the Concept; European versus Anglo-American Tradition; Broad and Narrow Definitions; The Proposed Terminology; Main Questions which the Law of Remedies Must Answer.)
  • 2. Unification in the Law of Remedies – Theory and Practice (The Problem of Classification (Taxonomy) of Remedies; The Various Goals of the Law of Remedies; The Unifying Principle of Private Law Remedies (strictu sensu): Corrective Justice; Modern Recognition of the Need to Unify the Law of Remedies and Efforts towards Such Goal.)
  • 3. Specific Problems (The Dilemma of Enforcement: Coercion or Compensation? (Property Rules and Liability Rules); Extraordinary Civil Remedies: Disgorgement of Profits Gained from Breach of a Plaintiff’s Right; The Problem of Civil Punishment: Punitive Damages for an Aggravated Violation of a Plaintiff’s Rights; Agreed Penalty Clauses.)
Literature
  • to be announced by teacher
Teaching methods
Lectures w/ discussions.
Assessment methods
Students will write a multiple-answer exam, which will test their familiarity and understanding of the problems and concepts discussed during the course.
Language of instruction
English
Further comments (probably available only in Czech)
Study Materials
The course is taught only once.
  • Enrolment Statistics (recent)
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