Study:	Law - 8. semester
Code:	44340
ECTS:	8.0
Course coordinators:	prof. dr. sc. Petar Miladin prof. dr. sc. Siniša Petrović prof. dr. sc. Hrvoje Markovinović prof. dr. sc. Nina Tepeš izv. prof. dr. sc. Tomislav Jakšić doc. dr. sc. Antun Bilić
Exam dates:	30. 03. 2023. 10. 05. 2023. 26. 06. 2023. 12. 07. 2023. 30. 08. 2023. 13. 09. 2023. Exam registration: Studomat

Literature:

Goldštajn A.; Trgovačko ugovorno pravo: međunarodno i komparativno; Narodne novine (1991), str. 1 - 134, 150-176 Barbić J.; Sklapanje ugovora po Zakonu o obveznim odnosima: suglasnost volja; Informator (1980), str Rastovčan P.; Luger-Katušić R.; Vrijednosni papiri - mjenica i ček; Informator (1985), str. Sve stranice osim dijelova koji se odnose na ček Zakon o obveznim odnosima, čl. 1-478, čl. 499-508, čl. 519-549, čl. 590-636, čl. 699-724, čl. 744-880, čl. 909-920, čl. 990-1044, čl. 1111-1120, čl. 1135-1162 (NN 35/05, 41/08, 125/11, 78/15, 29/18, 126/21, 114/22, 156/22); ; , str Zakon o mjenici, NN 74/94, 92/10; ; , str Zakon o financijskom poslovanju i predstečajnoj nagodbi, čl. 3, čl. 10.a-14.a (NN 108/12, 144/12, 81/13, 112/13, 78/15, 114/22); ; , str Konvencija UN o ugovorima o međunarodnoj prodaji robe 1980., čl. 1-24; ; , str

Optional literature:

Zakon o tržištu kapitala: od čl. 523. do čl. 534. (NN 65/18, 17/20, 83/21).; , str

Description:

The course in commercial law delas with contractual relationships between commercial subjects. It covers many topics of general contract law. Special attention is dedicated to legal sources which are characteristic to commercial contracts. The course explains the role of business customs and practices as driving forces in the building of autonomous commercial law. The interntational aspect of commercial law is highlighted, especially the United Nations Convention on Contracts for the International Sale of Goods from 1980. The course is focused on Obligations Act, as a primary source of Croatian commercial law. Both the general part of the Obligations Act and particular contracts are explained in detail. Special attention is given to the process of contract conclusion. Financial instruments and securities are of particular interest since they facilitate the full realization of bunisess potentials.

Cognitive Skills:

Knowledge and understanding

After successfully completing the course, students will be able to:

- define concepts and sources of commercial law;

- distinguish commercial law from other branches of law;

- explain reasons for extinguishing commercial law as a special branch of law;

- explain the history and development of commercial law in Croatia;

- identify national and international sources of commercial law;

- explain unification of commercial law within the framework of state and non-state organisations;

- recognise individual commercial contracts and explain rights and duties of the contracting parties;

- explain economic significance and specific characteristics of securities;

- recognise problems of adopted legal solutions.

 

Application

After successfully completing the course, students will be able to:

- demonstrate specifici features of commercial law;

- interpret the connection between commercial law and other branches of law;

- use laws and by-laws from the area of commercial law;

- conduct an independent research of sources to find the most adequate solution in a concrete situation.

 

Analysis

After successfully completing the course, students will be able to:

- distinguish between commercial contracts and other types of contract;

- categorise sources of commercial law according to their hierarchy;

- calculate interest rates in contractual relations;

- compare legal means for securing fulfilment of obligations in order to find the most adequate solution;

- connect abstract legal sulutions about the time and place of fulfilment of obligations with concrete circumstances;

- examine validity of general terms of contract.

 

Synthesis

After successfully completing the course, students will be able to:

- organise contractual measures for protecting the interests of a contractual party in conluding the contract;

- prepare a concrete commercial contract in accordance with the interests of a certain contractual party;

- lead negotiations in order to conclude a commercial contract;

- propose concrete measures in case of failure to fulfil obligations of a contractual party.

 

Evaluation

After successfully completing the course, students will be able to:

- assess the role of commercial law with regard to other branches of law;

- evaluate the role of autonomous sources of law;

- evaluate the contribution of commercial law to uninterrupted development of market relations;

- examine existing legislative solutions for the purpose of locating potential inconsistency and proposal of de lega ferende optimal solutions;

- compare individual commercial contracts in order to recognise their relevant characteristics;

- recommend an optimal type of contract for a concrete market relation;

- conclude how the role of commercial customs contributes to the internalisation of commercial law.

Practical and Generic Skills:

After successfully completing the course, students will be able to:

- present their standpoints before a larger audience

- actively participšate in discussions

- clearly and precisely explain their conclusions in writing

- give opinions about entering into contract

- negotiate entering into contract

- participate in a discussion and decision-making in a team

- use notes and basic scientific instruments in professional reviews

Matching Assessments to Learning Outcomes:

- In the stage of preparation of teaching materials, realisation of learning outcomes is monitored through benchmarking,

- In the stage of implementation of teaching program outcomes are controlled by monitoring attendance and reactions of students,

- Students may address the teacher personally or via e-mail

- After the implementation, learning outcomes are tested at an oral examination

Consultations schedule:

• prof. dr. sc. Siniša Petrović:

  Mondays at 11,30

  Location: Trg Republike Hrvatske 3, room dvorište na TRH 3
• izv. prof. dr. sc. Tomislav Jakšić:

  Consulations are held online or in person at the school grounds pursuant to prior arrangement via email tomislav.jaksic@pravo.hr

  Location: Gundulićeva 10, room 21/II
• doc. dr. sc. Antun Bilić:

  Tuesdays, 9 A.M., Gundulićeva 10, Room 21/2. Students may also contact Antun via his e-mail address: antun.bilic@pravo.hr  and arrange online consultations or some other form of participation.

  Location: Gundulićeva 10, room 21/2