NU:BE_PH_LAW Law for Managers - Course Information

BE_PH_LAW Law for Managers

Extent and Intensity

2/1. 5 credit(s). Type of Completion: zk (examination).

Teacher(s)

JUDr. Katarína Maisnerová (lecturer)

Guaranteed by

JUDr. Andrea Pelikánová Schelle, LL.M., MBA, Ph.D.
Centre for International Programmes – International programmes – NEWTON University

Timetable

Tue 11:20–12:50 PH Učebna 04, except Tue 10. 2., except Tue 24. 2., except Tue 3. 3. ; and Tue 24. 2. 13:30–15:00 PH Učebna 09, Tue 5. 5. 11:20–12:50 PH Učebna 04, Tue 12. 5. 11:20–12:50 PH Učebna 04

• Timetable of Seminar Groups:

BE_PH_LAW/01: each even Thursday 8:00–9:30 PH Učebna 09, K. Maisnerová

Course Enrolment Limitations

The course is offered to students of any study field.

Course objectives

The course provides students with a basic orientation in basic legal concepts, especially in the following areas and legal problems, which are addressed in theoretical lectures and in practical seminars on individual legal topics and problems. The specific legal concepts and problems include the legal system, the concept and definition of law, normative legal acts, legal norms, the validity and effectiveness of legal regulations, legal actions, subjects and objects of law, time in law, including time limits, counting time, limitation, prescription, etc. 

Other areas of concern include the basic knowledge and skills of the law of obligations, as well as the different basic types of contract. Specifically, this includes the issues and knowledge of entering into, modifying and cancelling obligations, and securing them. Along with this, students will acquire basic knowledge of procedural law, in particular civil litigation and alternative dispute resolution. Students will learn about the different legal professions such as lawyers, notaries, judges and bailiffs. Finally, basic aspects of European law, administrative law and criminal law are also addressed.

Course objectives:

- to acquire the basic legal knowledge necessary for the study of other legal subjects, in particular commercial law, trade law, competition law and public procurement law;

- to acquire knowledge for business practice when dealing with the application of legal regulations, e.g. within companies (compliance), the threat of litigation, including possible solutions, etc.;

- to formulate the basic types of obligations, as well as to deal with the legal profession;

- to analyze legal problems as well as lead more professional legal discussions over substantive legal issues.

Syllabus

Main topics of lectures:

1. Introduction to the study of law (definition of the concept of law, other normative systems and their relationship to law, legal regulations, characteristics of legal regulations - validity, effectiveness, prohibition of retroactivity, hierarchy of legal regulations, division of law - public and private law, substantive and procedural law, individual branches of law, legal institutes).

2. Legal norms, legal relations, legal facts (legal norm and its structure, normative legal sentences, legal relation and its elements, legal event - passage of time, limitation, birth, death, unlawful events - private law torts, criminal offences, misdemeanours, unlawful state, legal action - elements, types, division of legal actions).

3. Persons in law (legal personality, self-capacity, limitation of self-capacity, representation, guardianship, division of persons under the Civil Code, division of persons under the Corporations Act).

4. Things and rights in rem (definition of things according to the Civil Code, division of things - movable and immovable, tangible and intangible, usable and unusable, individually and generically determined, definition of rights in rem and relative rights, property right - content, methods of acquisition of property right, limitation of property right (imposition, necessary way, expropriation, etc.), extinction of property right, protection of property right (self-help, judicial protection)).

5. Rights in rem to foreign property (division of rights in rem to foreign property, easements, including their subtypes, lien (creation, change, extinction), subordinate right, right of construction).

6. Contract law - general part (legal actions - particulars, invalidity and apparent legal actions, mistake in legal actions, pre-contractual liability, contracting process, change of contract, security and consolidation of debt (bank guarantee, surety, contractual penalty, promissory note, etc.), ways of termination of contract (performance, agreement, withdrawal from contract, termination, etc.).

7. Contract law - special section (division of contract types, unnamed contracts, form of contract (written, public deed, oral, implied), contract of sale, contract for work, contract of gift, contract of exchange, contract of lease, contract of loan/credit, memorandum of association/contract of incorporation, contracts of command type, etc.).

8. Compensation for damages (prerequisites for the obligation to compensate damages, /non-pecuniary damages, division of damages caused by breach of a legal or contractual obligation, prevention of damages, pre-contractual liability, special cases of compensation for damages (damages caused by information or advice, damages in public procurement, damage to real estate, etc.)).

9. Dispute resolution (jurisdiction of the courts, jurisdiction of the courts, dispute resolution before public authorities, criminal charges, procedural procedure in court proceedings (pre-action notice, action, court decision), enforcement proceedings, types of court proceedings, types of actions, alternative dispute resolution (arbitration, mediation, etc.), court fees, costs

10. Criminal law (basic definition of criminal law, relation to other branches of law, criminal activity in business practice, law on criminal liability of legal persons, due diligence in criminal law, penalties and punishment in Czech law).

11. Administrative law (definition of the areas of administrative law, legal regulation of municipalities and regions, administrative proceedings, misdemeanour proceedings, possibilities of defence in administrative justice (administrative action, cassation complaint), administrative offences, proceedings before the Office for the Protection of Competition, proceedings before other administrative bodies).

12. European law (legal basis of the EU, primary and secondary law, EU institutions (powers of the European Parliament, the Council of the EU, the European Council, the Court of Justice of the EU, the European Central Bank, etc.), directives and regulations (differences in application in practice), understanding the meaning of the EU in the past and today.

Seminar topics:

1. Introduction to the study of law - discussion of the meaning of law in society, introduction of students to different types of law, discussion of the relationship to other normative systems, illustration of the composition of legal norms, discussion of types of obligations in civil life and commercial practice, discussion of different types of legal actions, examples from practice, including specific decisions of courts and public authorities.

2. Persons and things in law - discussion of the possibilities of using different types of legal persons, risks, advantages and disadvantages, explanation of the pitfalls of guardianship proceedings, forms of representation, etc., discussion of issues of forms of limitation of property rights, experience with neighbour disputes, disputes over land boundaries, expropriation proceedings, examples from practice, including specific decisions of courts and public authorities.

3. Rights in rem, introduction to the law of obligations - ways of using rights in rem in practice, preparation of an application for registration of a right in rem (easement, lien, etc. ) to the Land Register, identification of forms of encumbrance of immovable property from the Land Register, discussion of the importance of the institute of the right of construction and other rights in rem or other rights to land, examples from practice concerning forms of legal negotiations, specifics of certain contracts (register of contracts, public procurement law, contracts in the field of competition law), discussion of forms of concluding contracts (classical contraction process, concluding contracts at auction, public proposal for conclusion of a contract, etc.).

4. Contract law and compensation for damages - discussion of the difference between unnamed contracts, mixed contracts and individual regulated contract types, preparation of a model contract, discussion of the possibilities of securing and consolidating debts, discussion of forms of damages (lost profits, actual damages), formulation of recommended provisions (risk of lump-sum compensation for damages and non-pecuniary damage, contractual limitation of payment of damages, etc.), examples from practice, including specific decisions of courts and public authorities.

5. Dispute resolution, criminal law - discussion of forms of alternative dispute resolution, risks of dispute resolution in the context of arbitration, examples from practice, including specific decisions of courts and public authorities, criminal law in business practice, discussion of risks of managerial decision-making in the context of criminal law, examples from practice, including specific decisions of courts, including from foreign decision-making practice. 

6. Administrative law, EU law - classification of administrative law among other branches of law, discussion of the issue of the application of the Administrative Code and other administrative procedural rules, reflection on forms of administrative punishment, main risks in the business environment, discussion of the importance of the EU in the contemporary world, brief insight into the Treaty on the Functioning of the EU, joint study of a selected EU regulation/directive to understand the different principles of their application, examples from practice, including specific decisions of the CJEU and other EU institutions, as well as national judicial (especially constitutional) courts of the Member States.

Assessment methods

Ungraded credit: attendance at seminars min. 75%, credit test
Examination: written final test

Language of instruction

English

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