Course detail
Personal, Business and Industrial Law
FP-BoprPAcad. year: 2017/2018
The course focuses on describing the three branches of private law; that is civil law, labour law and commercial law and an explanation of their basic legal concepts. Substantive civil law: private law, principles, parties, representation, cases and their division, legal proceedings, preclusion and limitation, absolute property rights (ownership, co-ownership, right in rem to the property of others, law of succession), relative property rights (the creation, modification, security and termination of obligations, obligations arising from legal proceedings – selected contracts, liabilities arising from torts - indemnity, unjust enrichment)
Civil Procedural Law: courts, proceedings in 1st instance, evidence, costs of proceedings, legal remedies, enforcement and enforcement proceedings.
Commercial Law: the entrepreneur and entrepreneurship, companies and cooperatives (establishment, formation, dissolution and termination; liquidation, partnership, limited partnership, limited liability company, joint-stock company, collective; company bodies and their powers – statutory body, supervisory body, supreme body), commercial register; self-employed business; economic competition; unfair competition.
Labour law: principles, labour relations, rights and duties of employees and employers, employment (formation, changes and termination), agreements on work performed outside employment, working hours and rest time, remuneration of work, holidays, care for employees, obstacles to work, and liability for damage in labour law.
Language of instruction
Czech
Number of ECTS credits
2
Mode of study
Not applicable.
Guarantor
Department
Learning outcomes of the course unit
Knowledge: Students will know the basic rules of civil and labour law and business corporations. Students will be familiarised with legal terminology, with the division of parties and cases, with the consequences of the passage of time, with absolute property rights (right in rem, law of succession) and relative (contracts), with the consequences of infringement, with the possibilities of forensic recovery, with forms of business, with the powers of company bodies, with the rules of economic competition, with the creation, changes to and termination of labour relations (employment and agreement on agreements on work performed outside employment), and with the rights and duties of employees and employers.
Skills: Students learn about legal terminology and will be able to work with the text of laws. Students will be able to judge a right or obligation with respect to its establishment, changes, termination and securing, are able to evaluate the course of the statute of limitations, evaluate the situation and take appropriate measures (including forensic recovery), they will understand the forms of doing business and the types of company, and they will be able to assess their rights and responsibilities in labour relations.
Abilities: Students gain knowledge to such an extent that they can competently discuss the content of contracts, judge the authorisation of a person to act, evaluate the advantages and disadvantages of contractual agreements from the position the party for which they are acting and assess the practical impact of contractual negotiations (securing obligations, limitation of liability). They will be able to write an action and assert their rights in civil judicial proceedings, including enforcement proceedings. Students will be qualified to assess the advantages and disadvantages of different forms of business. Students will be prepared to apply their knowledge in labour relations, from the conclusion of employment contracts, through changes in these, to possible enforcing of employment entitlements (for example as a result of the invalid termination of employment).
Skills: Students learn about legal terminology and will be able to work with the text of laws. Students will be able to judge a right or obligation with respect to its establishment, changes, termination and securing, are able to evaluate the course of the statute of limitations, evaluate the situation and take appropriate measures (including forensic recovery), they will understand the forms of doing business and the types of company, and they will be able to assess their rights and responsibilities in labour relations.
Abilities: Students gain knowledge to such an extent that they can competently discuss the content of contracts, judge the authorisation of a person to act, evaluate the advantages and disadvantages of contractual agreements from the position the party for which they are acting and assess the practical impact of contractual negotiations (securing obligations, limitation of liability). They will be able to write an action and assert their rights in civil judicial proceedings, including enforcement proceedings. Students will be qualified to assess the advantages and disadvantages of different forms of business. Students will be prepared to apply their knowledge in labour relations, from the conclusion of employment contracts, through changes in these, to possible enforcing of employment entitlements (for example as a result of the invalid termination of employment).
Prerequisites
General knowledge at the level of secondary school education.
Co-requisites
Not applicable.
Planned learning activities and teaching methods
The teaching will take the form of non-compulsory two-hour lectures in each week of teaching. The lectures will deliver the basic concepts and principles and illustrative examples from practice.
Assesment methods and criteria linked to learning outcomes
No credit is awarded.
The test is only in written form. The written examination is made up of closed questions (the test questions have a range of responses of which more than one can be correct), and open. The test lasts 35 minutes. Legal texts cannot be used. The test is classified in accordance with the ECTS scale. Incorrect or illegible answers are assessed as unsatisfactory (zero points).
The material covered is tested. The classification takes place in accordance with the regulations of BUT and the Faculty of Business and Management.
The test is only in written form. The written examination is made up of closed questions (the test questions have a range of responses of which more than one can be correct), and open. The test lasts 35 minutes. Legal texts cannot be used. The test is classified in accordance with the ECTS scale. Incorrect or illegible answers are assessed as unsatisfactory (zero points).
The material covered is tested. The classification takes place in accordance with the regulations of BUT and the Faculty of Business and Management.
Course curriculum
1. Substantive civil law - terms, fundamentals, trends, participants in civil relations (individuals and legal entities – legal personality, legal capacity), representation; cases and their division, components and accessories; legal proceedings, limitation and prescription periods
2. Absolute property rights: Ownership (origins), co-ownership (deciding on common matters, right of pre-emption), property rights to the property of others (easement - service, real burden), lien – content, origin and termination, right of lien); land registry
3. Absolute property rights: Law of succession - testator, will, inheritance contract, inheritance class, disinheritance, sidestepped heir, ineligibility for inheritance
4. Relative property rights: Law of obligations – creation, changes, securing and consolidation, termination of obligations, contracts – selected types of contract
5. Relative property rights: Liabilities arising from torts (indemnification), liabilities from other legal grounds (unjustified enrichment)
6. Civil Procedural Law – powers and jurisdiction of courts, actions, court hearings, evidence, costs, types of judicial decision, legal force and enforceability, proper and extraordinary remedies, enforcement and enforcement proceedings, insolvency proceedings
7. The entrepreneur and entrepreneurship. Companies - terms, founding, creation, cancellation, termination, liquidation; commercial register
8. Partnership, limited partnership, limited liability company, joint-stock company, collective
9. Individual company bodies (supreme, statutory, supervisory) and their powers
10. Self-employed business – trades, types of trade, trade licensed workshop; economic competition; unfair competition
11. Labour law - terms, fundamentals, participant in labour relations - employee, employer; representation; employment - creation (particulars of employment contracts), changes (transfer, relocation, business trip, secondment)
12. Employment - termination (by agreement, sacking, instant dismissal, termination in probationary period, temporary employment); redundancy pay; working hour and rest period, overtime, holidays (type, length, reduction), remuneration for work – wage, salary
13. The responsibility of employers and employees for damage – conditions, limits. Agreements on work performed outside of employment.
2. Absolute property rights: Ownership (origins), co-ownership (deciding on common matters, right of pre-emption), property rights to the property of others (easement - service, real burden), lien – content, origin and termination, right of lien); land registry
3. Absolute property rights: Law of succession - testator, will, inheritance contract, inheritance class, disinheritance, sidestepped heir, ineligibility for inheritance
4. Relative property rights: Law of obligations – creation, changes, securing and consolidation, termination of obligations, contracts – selected types of contract
5. Relative property rights: Liabilities arising from torts (indemnification), liabilities from other legal grounds (unjustified enrichment)
6. Civil Procedural Law – powers and jurisdiction of courts, actions, court hearings, evidence, costs, types of judicial decision, legal force and enforceability, proper and extraordinary remedies, enforcement and enforcement proceedings, insolvency proceedings
7. The entrepreneur and entrepreneurship. Companies - terms, founding, creation, cancellation, termination, liquidation; commercial register
8. Partnership, limited partnership, limited liability company, joint-stock company, collective
9. Individual company bodies (supreme, statutory, supervisory) and their powers
10. Self-employed business – trades, types of trade, trade licensed workshop; economic competition; unfair competition
11. Labour law - terms, fundamentals, participant in labour relations - employee, employer; representation; employment - creation (particulars of employment contracts), changes (transfer, relocation, business trip, secondment)
12. Employment - termination (by agreement, sacking, instant dismissal, termination in probationary period, temporary employment); redundancy pay; working hour and rest period, overtime, holidays (type, length, reduction), remuneration for work – wage, salary
13. The responsibility of employers and employees for damage – conditions, limits. Agreements on work performed outside of employment.
Work placements
Not applicable.
Aims
The main objective of the course is to gain a basic orientation in legal disciplines in the profile of private law with a focus on business practices. For this it is necessary to learn legal terminology and the scheme of legislation. The aim is for students to be able to locate the relevant legislation and assess a situation in terms of legal norms. Students will gain the ability to apply legal provisions in practice, for example to assess the content of contracts, assess the consequences of legal proceedings, assert their rights in court, evaluate suitable forms of business, assess the form of employment relationship and the rights and duties linked to it.
Specification of controlled education, way of implementation and compensation for absences
There is no control in the course of the semester.
The control of the teaching is in the form of a written examination in the testing period.
The control of the teaching is in the form of a written examination in the testing period.
Recommended optional programme components
Not applicable.
Prerequisites and corequisites
Not applicable.
Basic literature
zákon č. 262/2006 Sb., zákoník práce (CS)
zákon č. 89/2012 Sb., občanský zákoník (CS)
zákon č. 90/2012 Sb., o obchodních společnostech a družstvech (zákon o obchodních korporacích) (CS)
zákon č. 99/1963 Sb., občanský soudní řád
zákon č. 89/2012 Sb., občanský zákoník (CS)
zákon č. 90/2012 Sb., o obchodních společnostech a družstvech (zákon o obchodních korporacích) (CS)
zákon č. 99/1963 Sb., občanský soudní řád
Recommended reading
Not applicable.
Classification of course in study plans
Type of course unit
Lecture
26 hod., optionally
Teacher / Lecturer
Syllabus
1. Substantive civil law - terms, fundamentals, trends, participants in civil relations (individuals and legal entities – legal personality, legal capacity), representation; cases and their division, components and accessories; legal proceedings, limitation and prescription periods
2. Absolute property rights: Ownership (origins), co-ownership (deciding on common matters, right of pre-emption), property rights to the property of others (easement - service, real burden), lien – content, origin and termination, right of lien); land registry
3. Absolute property rights: Law of succession - testator, will, inheritance contract, inheritance class, disinheritance, sidestepped heir, ineligibility for inheritance
4. Relative property rights: Law of obligations – creation, changes, securing and consolidation, termination of obligations, contracts – selected types of contract
5. Relative property rights: Liabilities arising from torts (indemnification), liabilities from other legal grounds (unjustified enrichment)
6. Civil Procedural Law – powers and jurisdiction of courts, actions, court hearings, evidence, costs, types of judicial decision, legal force and enforceability, proper and extraordinary remedies, enforcement and enforcement proceedings, insolvency proceedings
7. The entrepreneur and entrepreneurship. Companies - terms, founding, creation, cancellation, termination, liquidation; commercial register
8. Partnership, limited partnership, limited liability company, joint-stock company, collective
9. Individual company bodies (supreme, statutory, supervisory) and their powers
10. Self-employed business – trades, types of trade, trade licensed workshop; economic competition; unfair competition
11. Labour law - terms, fundamentals, participant in labour relations - employee, employer; representation; employment - creation (particulars of employment contracts), changes (transfer, relocation, business trip, secondment)
12. Employment - termination (by agreement, sacking, instant dismissal, termination in probationary period, temporary employment); redundancy pay; working hour and rest period, overtime, holidays (type, length, reduction), remuneration for work – wage, salary
13. The responsibility of employers and employees for damage – conditions, limits. Agreements on work performed outside of employment.
2. Absolute property rights: Ownership (origins), co-ownership (deciding on common matters, right of pre-emption), property rights to the property of others (easement - service, real burden), lien – content, origin and termination, right of lien); land registry
3. Absolute property rights: Law of succession - testator, will, inheritance contract, inheritance class, disinheritance, sidestepped heir, ineligibility for inheritance
4. Relative property rights: Law of obligations – creation, changes, securing and consolidation, termination of obligations, contracts – selected types of contract
5. Relative property rights: Liabilities arising from torts (indemnification), liabilities from other legal grounds (unjustified enrichment)
6. Civil Procedural Law – powers and jurisdiction of courts, actions, court hearings, evidence, costs, types of judicial decision, legal force and enforceability, proper and extraordinary remedies, enforcement and enforcement proceedings, insolvency proceedings
7. The entrepreneur and entrepreneurship. Companies - terms, founding, creation, cancellation, termination, liquidation; commercial register
8. Partnership, limited partnership, limited liability company, joint-stock company, collective
9. Individual company bodies (supreme, statutory, supervisory) and their powers
10. Self-employed business – trades, types of trade, trade licensed workshop; economic competition; unfair competition
11. Labour law - terms, fundamentals, participant in labour relations - employee, employer; representation; employment - creation (particulars of employment contracts), changes (transfer, relocation, business trip, secondment)
12. Employment - termination (by agreement, sacking, instant dismissal, termination in probationary period, temporary employment); redundancy pay; working hour and rest period, overtime, holidays (type, length, reduction), remuneration for work – wage, salary
13. The responsibility of employers and employees for damage – conditions, limits. Agreements on work performed outside of employment.