119-0346/04 – Company and Contract Law (SPaSMP)

Gurantor departmentDepartment of LawCredits4
Subject guarantordoc. JUDr. Ing. Josef Šilhán, Ph.D.Subject version guarantordoc. JUDr. Ing. Josef Šilhán, Ph.D.
Study levelundergraduate or graduate
Study languageCzech
Year of introduction2011/2012Year of cancellation
Intended for the facultiesEKFIntended for study typesBachelor
Instruction secured by
LoginNameTuitorTeacher giving lectures
CZU0006 Dr Mgr. Damian Czudek, Ph.D.
SIL0034 doc. JUDr. Ing. Josef Šilhán, Ph.D.
Extent of instruction for forms of study
Form of studyWay of compl.Extent
Full-time Credit 4+0

Subject aims expressed by acquired skills and competences

In the frame of this subject the students will be able: - describe legal environment, define regulation subject, and characterize legal regulation, name basic regulation, - understand the principles of public and private legal regulation and explain the distinction between them, - to use acquired skills and knowledge to solve model, - acknowledge the problem in practice and to use particular legal regulation, - explain legal basis of the problem - explain legal regulation and recommend possible solutions in the practice.

Teaching methods

Lectures

Summary

The aim of this course is an explanation of commercial law connceted with practical usage of gained theoretical knowledge. Students are supposed to attend the subject Commercial Law being obligatory in the field called Economics and Law in Business.

Compulsory literature:

- lectures and obligatory study materials and texts accessible in Moodle - new Civil Code - Act No.89/2012 (only § 1-25, § 118-217, § 419-528, § 545-654, § 1721-3079) - Act on commrecial corporations - Act No. 90/2012 - materials on http://obcanskyzakonik.justice.cz/

Recommended literature:

• SELUCKÁ, Markéta, Josef FIALA, Jan HURDÍK, Kateřina RONOVSKÁ, Pavel KOUKAL and Jiří HANDLAR. INTRODUCTION TO THE CZECH CIVIL LAW I. , PARTIES, OWNERSHIP, SALE, LEASE, LIABILITY FOR DAMAGES. Brno: Masarykova univerzita, 2009. 96 pp. Edice učeebnic PrF MU č. 428. ISBN 978-80-210-4925-3. • http://www.czechlegislation.com/en/civil-and-commercial-law • The EC law of competition. Edited by Jonathan Faull - Ali Nikpay. 2nd ed. Oxford: Oxford University Press, 2007. clxxi, 184. ISBN 978-0-19-926929-7.

Way of continuous check of knowledge in the course of semester

E-learning

Další požadavky na studenta

Within the study to monitor the actual changes of legislation in accordance with the pedagogue´s instructions.

Prerequisities

Subject has no prerequisities.

Co-requisities

Subject has no co-requisities.

Subject syllabus:

- Introduction – 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. - 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 - Commercial companies termination means. Personal companies, state company, characteristics of budgetary and allowance organizations. Entrepreneurs association established by contract. Sale contract, fixed job contract, issuing contracts. Limited Liability Company, rights and obligations of partners, determination and termination of partner participation. Contracts on shares, compensation for damage. Company´s body. - Joint-Stock Company. - Contract on company´s sale, contract on company´s rent. Transport contracts. Bank contract. Contract of lease, leasing, contract on equities. - Cooperatives – housing c., credit c., saving c., European c. Banks and Insurance companies – business conditions, investment companies and funds, subject trading on capital market. - Judicial processes – contested cases. Special judicial processes of commercial companies and cooperatives. - Insolvency – bankrupt, bankruptcy solving, status and activity of insolvency administrator.

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 points
Exercises evaluation Credit 85 (85) 85
        Exercises evaluation Written test 85  85
Mandatory attendence parzicipation:

Show history

Occurrence in study plans

Academic yearProgrammeField of studySpec.FormStudy language Tut. centreYearWSType of duty
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2014/2015 (B6208) Economics and Management (6202R049) Accounting and Taxes P Czech Ostrava 3 Choice-compulsory study plan
2014/2015 (B6202) Economic Policy and Administration (6202R010) Finance P Czech Ostrava 3 Choice-compulsory study plan
2014/2015 (B6202) Economic Policy and Administration (6202R027) National Economy P Czech Ostrava 3 Choice-compulsory study plan
2014/2015 (B6208) Economics and Management (6208R101) Sports Management P Czech Ostrava 3 Choice-compulsory study plan
2013/2014 (B6208) Economics and Management (6208R101) Sports Management P Czech Ostrava 3 Choice-compulsory study plan
2013/2014 (B6208) Economics and Management (6208R101) Sports Management (01) Sports Management P Czech Ostrava 3 Choice-compulsory study plan
2013/2014 (B6208) Economics and Management (6202R049) Accounting and Taxes P Czech Ostrava 3 Choice-compulsory study plan
2013/2014 (B6208) Economics and Management (6202R049) Accounting and Taxes (00) Accounting and Taxes P Czech Ostrava 3 Choice-compulsory study plan
2013/2014 (B6202) Economic Policy and Administration (6202R027) National Economy P Czech Ostrava 3 Choice-compulsory study plan
2013/2014 (B6202) Economic Policy and Administration (6202R010) Finance P Czech Ostrava 3 Choice-compulsory study plan
2013/2014 (B6202) Economic Policy and Administration (6202R010) Finance (00) Finance P Czech Ostrava 3 Choice-compulsory study plan
2012/2013 (B6202) Economic Policy and Administration (6202R027) National Economy P Czech Ostrava 3 Choice-compulsory study plan
2012/2013 (B6208) Economics and Management (6202R049) Accounting and Taxes (00) Accounting and Taxes P Czech Ostrava 3 Choice-compulsory study plan
2012/2013 (B6208) Economics and Management (6208R101) Sports Management (01) Sports Management P Czech Ostrava 3 Choice-compulsory study plan
2012/2013 (B6202) Economic Policy and Administration (6202R010) Finance (00) Finance P Czech Ostrava 3 Choice-compulsory study plan
2011/2012 (B6208) Economics and Management (6202R049) Accounting and Taxes (00) Accounting and Taxes P Czech Ostrava 3 Choice-compulsory study plan
2011/2012 (B6202) Economic Policy and Administration (6202R027) National Economy P Czech Ostrava 3 Choice-compulsory study plan
2011/2012 (B6208) Economics and Management (6208R101) Sports Management (01) Sports Management P Czech Ostrava 3 Choice-compulsory study plan
2011/2012 (B6202) Economic Policy and Administration (6202R010) Finance (00) Finance P Czech Ostrava 3 Choice-compulsory study plan

Occurrence in special blocks

Block nameAcademic yearForm of studyStudy language YearWSType of blockBlock owner