|Understanding of the basic concepts of the law of obligations. |
|Content (Syllabus outline)
|Law of commercial contracts in the legal system: monism and dualism of contract law and law of commercial contracts, commercial contract, characteristics of commercial contracts.
Sources of law of commercial contracts: particularities of the sources, self-regulatory rules, usances, standard form contracts, trade usages.
Representation of business associations: corporate representatives and commercial authorities.
Formation of contract: consensus ascertainment, offer and acceptance, obligations during negotiations, place and time of conclusion of the contract.
Fundamental on institutes for security for performances: statutory remedies and contractual protection, contractual penalty, earnest, advance, surety, introduction to the bill of exchange law.
Commercial contract of sale: delivery of goods and payment of the price, Incoterms, breach of contract, remedies, codification of international sale of goods.
Public procurement: principles, contracting entities, procurement procedures.
Brokerage contract: characteristic performance, rights and obligations of the principal and the broker.
Commission contract: characteristic performance, rights and obligations of the principal and the commission agent.
Agency contract: characteristic performance, rights and obligations of the principal and the agent.
Forwarding contract: characteristic performance, rights and obligations of the principal and the forwarding agent, types of forwarding agencies.
Construction contract: characteristic performance, rights and obligations of the purchaser and the performer, price determination and alteration, liability for failures.
|• V. Kranjc: Gospodarsko pogodbeno pravo, GV Založba in Univerza v Mariboru, Pravna fakulteta, Ljubljana 2006 (izbrana poglavja).
• V. Kranjc: Uvodna pojasnila k ZJN-2 in ZJNVETPS, GV Založba, Ljubljana 2007 (izbrana poglavja).
• V. Kranjc, V. Kostanjevec, Zakon o pravnem varstvu v postopkih javnega naročanja, Uvodna pojasnila, GV Založba, Ljubljana, 2011.
• C. M. Schmiitthoff: Schmitthoff's Export Trade, ninth edition, Stevens & Sons, London 1990 (izbrana poglavja).
• Obligacijski zakonik in druga veljavna temeljna zakonodaja.
|The objective of this subject is to acquire knowledge on the main differences and particularities of the law of commercial contracts when compared to the general contract law and to get to know the characteristic transactions of commercial entities. |
|Intendend learning outcomes - knowledge and understanding
|Knowledge and Understanding:
Upon the completion of this subject a student will be able to:
- demonstrate understanding of the traditional concepts of the law of commercial contracts,
- apply statutory rules in actual characteristic cases, i.e. establish relevant facts and subject them to an appropriate legal institute.
|Intendend learning outcomes - transferable/key skills and other attributes'
|Transferable/Key Skills and other attributes:
Oral and written formulation of legal problems of contract law, application of abstract rules in the specific legal relations, argumentation of decisions, formation of simple contracts.
|Learning and teaching methods
• tutorials. Part of the tutorial is in a classroom while the rest is in the form of e-learning (e-tutorials may be given via video-conferencing or with the help of specially designed e-material in a virtual electronic learning environment),
• individual work,
• actual problem solving,
• discussion of court decisions. |