119-0320/03 – Business Law in Practise (OP v praxi)

Gurantor departmentDepartment of LawCredits7
Subject guarantorprof. JUDr. Naděžda Rozehnalová, CSc.Subject version guarantordoc. JUDr. Ing. Josef Šilhán, Ph.D.
Study levelundergraduate or graduateRequirementCompulsory
Year3Semesterwinter
Study languageCzech
Year of introduction2011/2012Year of cancellation2012/2013
Intended for the facultiesEKFIntended for study typesBachelor
Instruction secured by
LoginNameTuitorTeacher giving lectures
CZU0006 Dr Mgr. Damian Czudek, Ph.D.
KER70 JUDr. Marcela Kernbachová
SEV31 JUDr. Pavel Severin
SIL0034 doc. JUDr. Ing. Josef Šilhán, Ph.D.
Extent of instruction for forms of study
Form of studyWay of compl.Extent
Full-time Examination 4+1

Subject aims expressed by acquired skills and competences

In the frame of this subject the students will be able: - describe legal enviroment, define the right subject of law reguation, outline the methods of regulation and list basic forms of regulation, - comprehend principles of the public law and private law regulation and explain differences between them - apply gained knowledge and comprehension when interpreting and solving model situations

Teaching methods

Lectures
Tutorials

Summary

The subject of the course is a more detailed interpretation of commercial law with a link to the practical application of the acquired theoretical knowledge. The student of the course will gain a more advanced overview in the field of commercial law regulation, draw practical recommendations in the law of commercial contracts and the law of commercial corporations.

Compulsory literature:

ADAMS, Alix, Stephanie CAPLAN a Graeme LOCKWOOD. Law for business students. 11th edition. Harlow, England: Pearson, 2020. ISBN 978-1-292-27224-5. BEALE, H. G., Bénédicte FAUVARQUE-COSSON, Jacobien W. RUTGERS a Stefan VOGENAUER. Cases, materials and text on contract law. Third edition. Oxford: Hart, 2019. ISBN 978-1-5099-1257-5. JANKŮ, Martin. EU business law: learning text. Praha: Vysoká škola finanční a správní, 2019. ISBN 978-80-7408-186-6.

Recommended literature:

ABRAMS, Rhonda. Successful business plan: secrets & strategies. 7th edition. California: PlanningShop, 2019. ISBN 978-1-933895-82-6. JANKŮ, Martin. Commercial and civil law. Praha: Česká zemědělská univerzita, 2020. ISBN 978-80-213-3011-5. MAZZUCATO, Mariana. The entrepreneurial state: debunking public vs. private sector myths. Revised edition. New York: PublicAffairs, 2018. ISBN 978-1-61039-613-4.

Way of continuous check of knowledge in the course of semester

E-learning

Other requirements

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Prerequisities

Subject has no prerequisities.

Co-requisities

Subject has no co-requisities.

Subject syllabus:

1.a) Commercial Law – its mean and view of its basic institutions. Subject and sources, commercial company, negotiation on behalf of businessman. Basic terms company and business assets, company organization, branch office, company disposition, negotiation on behalf of businessman. Company´s law – commercial company, company structure, rules of company law, company´s protection. Trade Register, trade register documents, trade register organization, incorporation procedure. 2. a) Commercial companies – competition prohibition, agreements, legal and factual concern, termination of commercial company – its sorts and measures, rights and obligations of liquidator, assessments transfer between partners… b) Personal Commercial Company – general characteristics, public commercial company, limited partnership. Partners’ status. Properties. Public commercial company – authority, body, management, partners´ responsibility, termination etc. 3) a) Limited Liability Company – establishment, rights and obligations of partners, contracts on shares, judicial disputes b) Companies authorities – general meeting, statutory body, agent – process of his designation, responsibility for damage, competition prohibition, change of capital etc. , 4) a) Joint-Stock Company – shares, sorts of shares, basic capital and its reducing and raising. Joint-Stock Company authorities, 5) a) State company – its status and characteristics, establishment, documents, body, properties. b) Budgetary and allowance organizations. Entrepreneurs association established by contract. Sale contract, fixed job contract, issuing contracts. Funds, foundations. 6) a) Cooperatives – housing c., credit c., saving c., European c. Banks and Insurance companies – business conditions, investment companies and funds, subject trading on capital market b) Banka and insurance companies – conditions of operating, investment companies, capital market 7) a) Bankrupt, bankruptcy solving, status and activity of insolvency administrator. b) Judicial processes – contested cases. Special judicial processes of commercial companies and cooperatives 8) a) - Commercial obligations relations, legal acts, legal reason of commercial obligations determination. Rules of contracts conclusion, general regulation, form and content of contracts, invalidity and opposition of contracts. Contract on future contract, public concept, public competition. Commercial obligations assurance. Responsible obligations, time in commercial obligation relations – responsibility for delay, for damage, for unjustitied enrichment. Limitation and preclusion – basis, subject and effects. Change and termination of obligations. Commercial companies – competition prohibition, agreements, legal and factual concern, termination of commercial company 9) a) Fixed job contract - required needs such as subject, price, period of time, who, etc. b) Contract on issuing - required needs, mandate contract, commission contract, business representation 10) a) Contract on company´s sale, contract on company´s rent. Transport contracts. Bank contract. Contract of lease, leasing, contract on equities 11) a) Bank contracts, credit contracts b) Lease contracts – legal regulations according to the Civil Code. leasing contracts. 12) a) Contracts on shares – legal regulation b) Actual topic

Conditions for subject completion

Full-time form (validity from: 2011/2012 Winter semester)
Task nameType of taskMax. number of points
(act. for subtasks)
Min. number of pointsMax. počet pokusů
Examination Examination 100  51 3
Mandatory attendence participation:

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Conditions for subject completion and attendance at the exercises within ISP:

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Occurrence in study plans

Academic yearProgrammeBranch/spec.Spec.ZaměřeníFormStudy language Tut. centreYearWSType of duty
2011/2012 (B6208) Economics and Management (6208R011) Economics and Law in Business P Czech Ostrava 3 Compulsory study plan

Occurrence in special blocks

Block nameAcademic yearForm of studyStudy language YearWSType of blockBlock owner

Assessment of instruction



2011/2012 Winter