Business Law and International Business Transactions - HSSC3

• Anglický název: Business Law and International Business Transactions
• Zajišťuje: Zahraniční oddělení (22-ZO)
• Fakulta: Právnická fakulta
• Platnost: od 2023
• Semestr: letní
• Body: 0
• E-Kredity: 5
• Způsob provedení zkoušky: letní s.:
• Rozsah, examinace: letní s.:1/0, Zk [HT]
• 4EU+: ano
• Virtuální mobilita / počet míst pro virtuální mobilitu: ano / 10
• Kompetence: 4EU+ Flagship 2
• Stav předmětu: vyučován
• Jazyk výuky: angličtina
• Způsob výuky: prezenční
• Poznámka: předmět je možno zapsat mimo plán; povolen pro zápis po webu
• Garant: prof. JUDr. Monika Pauknerová, CSc., DSc.
• Vyučující: JUDr. Lucie Dolanská Bányaiová, LL.M., Ph.D.; prof. JUDr. Monika Pauknerová, CSc., DSc.; doc. JUDr. Mgr. Magdalena Pfeiffer, Ph.D.

Anotace

Annotation:

Course description
The course consists of two blocks. The first block of the course focuses on the general principles of conducting business, including various aspects of business conduct such as the legal status of entrepreneurs and their commercial activities, the essentials of company law and most common business contracts in comparative Czech-European view. Special attention is paid to the impact of the European legislation on this area in national law in EU member countries, especially in Czech law. Further, the course offers introduction to Czech/European antitrust law as well as unfair competition law.
The second block of the course focuses on the regulation of cross-border civil and business relations and their practical implications. Special regard is given to both conflict rules and rules of international civil procedure in unified European private international law and in Czech national private international law. Students are introduced to the conflict of laws regime of international business transactions, in particular international business contracts as well as to various options of settlement of commercial disputes.
Reading list
M. Bogdan, Marta Pertegás Sender, Concise Introduction to EU Private International Law, Fourth Edition, Europa Law Publishing, Groningen 2019
Monika Pauknerová, Magdalena Pfeiffer, Private International Law in the Czech Republic, Second Edition, International Encyclopaedia of Laws, Kluwer Law International, The Hague 2019
PAUKNEROVÁ, Monika, PFEIFFER, Magdalena. New Act on Private International Law in the Czech Republic: Starting Points and Perspectives within the European Union. Journal of Private International Law. Volume 10, Number 2, 2014, p. 205-226
Naděžda Rozehnalová, Klára Drličková et al., Czech Private International Law, Brno: Masaryk University, Faculty of Law, 2015

Poslední úprava: Marešová Svatava, Ing. (12.02.2025)

Požadavky ke zkoušce

Exam will be in writing on the following dates: 9 May 2025 at 10 a.m., room no. 319 and 30 May 2025 at 10 a.m., room no. 319.
Prerequisites: 60% attendance and activity in seminars
Exam may not be taken on any other date.
On the date of the exam at 10 a.m. the students will receive a set of 8 (eight) test questions. The students are required to select 4 (four) questions and provide answers to the 4 (four) selected questions. Duration of the exam: 60 minutes. Students are required to sign up for the exam date no later than on 5 May 2025, via SIS. Students can only register for one of the two dates and cannot retake the exam on the second written date. A special date will be set for the retake in case of failure (F) only, the retake will be in the form of an oral examination.
For 4 EU+ Alliance students, the exam will be enabled via email, 9 May 2025 at 9:30 a.m. and 30 May 2025 at 9:30 a.m. Therefore, all 4 EU+ Alliance students are required to secure proper and reliable internet connection, computer and access to their pertinent mailbox for the pertinent date of the exam. No later than on 30 April 2025 students shall confirm via email to Prof. Monika Pauknerová their pertinent email address they wish to use for the purpose of exam taking. Students are required to sign up for the exam date no later than on 5 May 2025, via email to Prof. Monika Pauknerová and JUDr. Alena Bányaiová.
4 EU+ Alliance students will receive on the date of the exam at 9:30 a.m. a set of 8 (eight) test questions via email sent from the following email address [e-mail] with a copy to [e-mail]. The students are required to select 4 (four) questions and provide answers to the 4 (four) selected questions. Answers to the 4 (four) selected questions will be sent by each student to an email address [e-mail] and c/c [e-mail]. The answers to the 4 (four) selected questions are due on the pertinent date of the exam no later than at 10:10 a.m. (i.e., within 40 minutes as of receipt of the test questions). Responses provided at a later time will be disregarded and the student shall receive grade F.
Results of your exam shall be notified to you no later than on 14 June 2025. Students who receive an F will arrange an oral examination date (retake) with the guarantor of the course after the results are published.
Prof. Monika Pauknerová, guarantor of the course

Poslední úprava: Marešová Svatava, Ing. (12.02.2025)

Sylabus

1. Introduction to Business Law and Specifics of Business Relations ▪ Business relations (structure, basic elements, sources of legal regulation) ▪ Legal entities in general ▪ Entrepreneurs as parties to business relations ▪ Conduct and legal acts in business relations 2. Essentials of Company Law ▪ Legal forms of companies ▪ Establishment, existence and termination of companies ▪ Acting on behalf of a company in the course of its formation ▪ Commercial Register 3. Business Companies in Comparative View • General Partnership, Limited Partnership • Limited Liability Company • Joint Stock Company 4. Antitrust Law ▪ General overview of competition law – private law and public law aspects of competition law ▪ Unfair competition – general clause ▪ Unfair competition – specific clauses and relevant case law ▪ Remedies 5. Typical Business Contracts ▪ Sales contract (CISG) ▪ Contract on sale of enterprise ▪ Sales representation 6. Introduction to Private International Law • Specifics of private international law and its rules • Sources of private international law • European private international law 7. Persons in European private international law • Natural persons in private international law • Legal persons in private international law • Persons and freedom of establishment in European and national law 8. Settlement of disputes in international commercial relations ▪ Litigation or alternative dispute resolution ▪ Regulation Brussels I Recast (Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters) and other relevant European instruments ▪ International commercial arbitration 9. Private International Law Rules • Conflict rules • Application of foreign law • Public policy • Mandatory rules and overriding mandatory rules 10. International Business Contracts • Determination of the applicable law • Law applicable to contractual obligations in European private international law • Law applicable to non-contractual obligations in European private international law • Lex mercatoria

Poslední úprava: Marešová Svatava, Ing. (12.02.2025)