Commercial Law – Field of study catalogue MU
“Knowledge is of two kinds. We know a subject ourselves, or we know where we can find information upon it.“ (Samuel Johnson)
The discipline of Commercial Law of the doctoral study programme has the follow-up to the course of Commercial Law of the Master’s study programme. It deepens the knowledge of Commercial Law in all its subdisciplines, it means in Law of Trade Companies and in Company Law, in Law of Contract, Competitive and Antitrust Law and Law on Securities. It teaches the students to independent and critical examination of legal regulation in the area of trade and enterprise and examination of prerequisites and consequences of its influence. The students are obliged to master an essential part of Civil Law at scientific level, as a wider scientific basis of Commercial Law and the bases of the methods of scientific work. The essential prerequisite is the knowledge of foreign legal regulations of the examined questions, as well as inland and foreign judicature and basic doctrinal directions. Also the Union’s regulations are concerned, thus in the form of directives and orders of the EU, but also so called soft law.
A wider basis of the field of study constitutes the preparation for scientific and pedagogical work, language preparation and the basic knowledge over development of other legal disciplines.
The graduates of the discipline have qualification to work in top-class legal professions in the discipline of Commercial Law both in inland and abroad. They have prerequisites for quick orientation in formal changes of legal environment and for adequate responses to shifts in decision-making practice. They are able of generalization and theretical reflection of these changes. They can work as consultants, advisors and assistants in decisive sphere. They are also equipped with pedagogical skills to pass on the newly acquired knowledge to the professional public at high level.
In comparison to the graduates of the discipline Civil Law besides the general knowledge of legal regulation and theoretical bases of Private Law which they share with them, they are equipped with the special and deep knowledge of Law of Business Corporations, oddities of Commercial Law of Contract applied in relations among the businessmen, Law on Protection of Economic Competition and Law Against the Unfair Competition, including the unfair business practices, and Law on Securities and Capital Market. With regard to practical aiming of the commercial discipline they have also the deep knowledge of general public-law regulatory framework of economic activity of businessmen. They are methodically equipped and exercised to think in relevant links "law and economics".
After successfully completing his/her studies the graduate is able to:
- move qualifiedly in the legal framework of regulation of enterprise both in inland and international context;
- assess the legislative and judicature trends in all areas of Commercial Law and deduce the theoretical conclusions and practical application recommendations from them;
- to pass on the acquired professional knowledge and skills in general form to the professional public in the interactive form and in the form of professional papers;
- consult qualifiedly even the most complicated legal problems in practice;
- do the substantial and deep theoretical and comparatively legal analyses as expert materials for decisive sphere;
- drawn up and test qualifiedly and prove the research hypotheses in the discipline of Commercial and General Private Law;
- solve independently the complicated legal problems of commercial nature and problems on the boundary between the Private Law and Public Law;
- enhance the professional knowledge and further intermediate this to the professional public, thus also in foreign language.
The programme is intended particularly for those who want to engage in academic career and scientific work, alternatively for those who want to acquire the deeper theoretical knowledge in some of legal disciplines.
The graduates will find an opportunity to work as teachers and research/professional workers in professional establishments of higher and secondary education; as assistants of judicial authorities including the highest ones; as professional consultants for public and private sector; as highly qualified specialists in public administration; as highly qualified lawyers of leading law firms including those in abroad; as probationers and branch specialized judges in the whole judicial system.
All students complete the common ground for all disciplines regardless of the combined or present form of the study:
the course The Bases of scientific work I and II (methodology of legal science); Current questions of legal science and practice I, II; Law theoretical thinking I, II; World language I, II (English, German, French). These courses are arranged by other workplaces of the Faculty than by the Department of Commercial Law, or they are organized at level of the whole Faculty. These courses are organized at the Department: Preparation of the doctoral thesis and Doctoral thesis in which hypotheses of the doctoral thesis are designed depending on an advanced state of the study and the project of the doctoral thesis is fulfilled by partial studies.
The students deepen the acquired knowledge in the Master’s study programme in the courses of a wider scientific basis of the discipline Civil Law Substantive I-III and Civil Law Procedural I-III, they confront their research theme with general civilistic regulation and they look up civilistic substantive and procedural overlaps and links.
The duty to complete the courses Auxiliary pedagogical work I-II and Pedagogical work I-IV is general, these are "fulfilled" according to instructions of supervisor on the basis of participation in preparation of materials for teaching in the Bachelor’s or Master’s studies, by researching of judicature and professional literature used in education, with participation in creation of interactive drafts and presentations, as well as by selective direct teaching under supervision and guidance of supervisor or other teacher, particularly with questions close to the theme of the doctoral thesis.
The specialized courses of the discipline arranged by the Department of Commercial Law are six semesters and assume the drawing up an essay on a special topic agreed in advance with a guarantor of the course and supervisor which, if possible, follows the research theme (theme of the doctoral thesis) and is designed as chapter or basis of a chapter of the future doctoral thesis.These are the courses: Company Law, Competitive Law and Law to Designation I-VI; Law of Business Corporations (community law) I-VI; Existential protection of economic competition I-VI; Law of Contract I-VI; Law on Securities I-VI.
Moreover participation of the students at regular meetings of the postgraduate students and teachers of the Department on up-to date questions of development of Commercial Law are assumed where they report in turns on development on law and judicature, alternatively doctrines and familiarize the participants with the state of their works on the project within the doctoral theses and put their conclusions through critical look of the others. The study plans are designed strictly individually with respect to preferencies and needs of the student and on the basis of his/her proposal. After the hearing of supervisor they are considered and approved by the relevant board for Commercial Law.
Professional practical training is assummed for the postgraduate student in connection with the theme of his/her practice, even if it is not extra evaluated.
Pedagogical practical training is ruled by the uniform standard concerning the whole Faculty which ensures continous pedagogical involvement of the postgraduate students (Auxiliary pedagogical work I-II, Pedagogical work I-IV).
The state doctoral examination (solely oral) consists of all professional specialized courses arranged by the Department of Commercial Law and stated in the column Rules and conditions for creation of the study plan. Thematical scope is specified by them as well.
The examination is public and significant practical experts (as a rule judges of higher courts) are represented in the board. To answer the raised questions there is no special defined time for the student's preparation; use of legal regulations during the examination for legal argumentation is permitted.
The student demonstrates the deep theoretical knowledge in the discipline during the examination and also the excellent orientation in up-to-date judicature and development of doctrinal opinions. The part of it is also the examination in the course of wider scientific basis: Civil Law Substantive and Procedural, thus also with regard to development trends of theory and judicature. The examination is particularly thematically aimed at the area drawn up in the doctoral thesis.
Mostly within five questions corresponding to five special courses the knowledge, argumentation abilities, complexity of thinking, deduction ability of theoretical and practical links of legislative and application solutions of the postgraduate student are demonstrated in the form of free professional debate.
Formal conditions for the doctoral theses are determined by the regulation of the Faculty. The defence includes the presentation of results of the work by the postgraduate student, response to remarks and objections of opponents, discussion with the members of the board. The cboard assesses the quality of thesis in context and performance of the applicant during the defence and it decides the result and mark by a secret ballot.
Without any further follow-up.