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Commercial Law
Engineering & Social Sciences Program
Madrid, Spain
Dates: 8/28/22 - 12/23/22
Commercial Law
OVERVIEW
CEA CAPA Partner Institution: Universidad Carlos III de Madrid
Location: Madrid, Spain
Primary Subject Area: Law
Instruction in: English
Course Code: 13165
Transcript Source: Partner Institution
Course Details: Level 200
Recommended Semester Credits: 3
Contact Hours: 42
Prerequisites: To make and follow the subject correctly Business Law is necessary to have previous knowledge or introductory civil law heritage.
DESCRIPTION
Lesson 1: Legal regime of businesses and entrepreneurs
1. Concept of Commercial Law.
2. Characteristics and legal sources.
3. Relevant aspects of today's Commercial Law.
Lesson 2: Business, entrepreneur and commercial establishment
1. Business: economic and legal definitions.
2. Elements of a business: personal, material and immaterial.
3. General notion of entrepreneur and its relationship to the business. Individual and corporate entrepreneur.
4. Business establishment. Principal establishment and subsidiaries.
5. The business as the object of legal transactions.
5.1. Business acquisition and sale: Notion. Fundamental characteristics of this type of contracts.
Obligations of buyer and seller.
5.2. Other legal transactions (Lease, Usufruct, and Business Mortgage).
Lesson 3: The Individual Entrepreneur
1. Differences between the legal and economic definitions of entrepreneur.
2. Different classification criteria for entrepreneurs.
3. Definition of individual entrepreneur.
4. Requirements for gaining entrepreneurial status.
5. Limits to the exercise of entrepreneurial activity.
6. The Statute of the Entrepreneur.
7. Entrepreneurial liability.
8. Loss of the entrepreneurial status.
9. Commercial dealings by married persons.
10. The foreign entrepreneur.
11. Commercial Representation (Collaborating with the Entrepreneur).
Lesson 4: Professional Duties of the Entrepreneur
1. Entrepreneurial Accountancy.
1.1. Objectives. Regulation.
2. Formal Accounting: mandatory and discretionary records.
2.1. Who is required to keep such records.
2.2. Bookkeeping requirements.
2.2.1. Formalities
2.2.2. Legalization.
2.2.3. Conservation.
2.3. Consequences of violating the above obligations.
2.4. Evidentiary value of accounting records.
3. Material accounting: Annual accounts.
4. Account auditing.
5. Legal Publicity of the Entrepreneur and the Business.
5.1. Implications and Regulation.
5.2. Ways in which it is put into practice.
5.3. The Commercial Registry: individuals and entities subject to mandatory registration, organization, functions, registry examination, remedies, principles, causes of action, public certification, formal publicity.
Lesson 5: Legal Protection of the Business Organization
1. Protection of Competition
1.1. Competition Law: evolution and objectives.
1.2. Contents of Competition Law: antitrust and unfair competition.
2. Antitrust Law
2.1. Regulation: European and Spanish Laws.
2.2. Scope of application of European and Spanish regulation.
2.3. Objectives of antitrust regulation.
2.4. Contents of the Antitrust Law: forbidden practices, sanctions, cases in which these practices are permitted, merger control, control of state aid.
2.5. National Competition Commission: role.
3. Unfair Competition
3.1. Regulation of unfair competition: objectives.
3.2. Characteristic elements of unfair practices. Definition of unfair competition.
3.3. Scope of application.
3.4. Practices amounting to unfair
1. Concept of Commercial Law.
2. Characteristics and legal sources.
3. Relevant aspects of today's Commercial Law.
Lesson 2: Business, entrepreneur and commercial establishment
1. Business: economic and legal definitions.
2. Elements of a business: personal, material and immaterial.
3. General notion of entrepreneur and its relationship to the business. Individual and corporate entrepreneur.
4. Business establishment. Principal establishment and subsidiaries.
5. The business as the object of legal transactions.
5.1. Business acquisition and sale: Notion. Fundamental characteristics of this type of contracts.
Obligations of buyer and seller.
5.2. Other legal transactions (Lease, Usufruct, and Business Mortgage).
Lesson 3: The Individual Entrepreneur
1. Differences between the legal and economic definitions of entrepreneur.
2. Different classification criteria for entrepreneurs.
3. Definition of individual entrepreneur.
4. Requirements for gaining entrepreneurial status.
5. Limits to the exercise of entrepreneurial activity.
6. The Statute of the Entrepreneur.
7. Entrepreneurial liability.
8. Loss of the entrepreneurial status.
9. Commercial dealings by married persons.
10. The foreign entrepreneur.
11. Commercial Representation (Collaborating with the Entrepreneur).
Lesson 4: Professional Duties of the Entrepreneur
1. Entrepreneurial Accountancy.
1.1. Objectives. Regulation.
2. Formal Accounting: mandatory and discretionary records.
2.1. Who is required to keep such records.
2.2. Bookkeeping requirements.
2.2.1. Formalities
2.2.2. Legalization.
2.2.3. Conservation.
2.3. Consequences of violating the above obligations.
2.4. Evidentiary value of accounting records.
3. Material accounting: Annual accounts.
4. Account auditing.
5. Legal Publicity of the Entrepreneur and the Business.
5.1. Implications and Regulation.
5.2. Ways in which it is put into practice.
5.3. The Commercial Registry: individuals and entities subject to mandatory registration, organization, functions, registry examination, remedies, principles, causes of action, public certification, formal publicity.
Lesson 5: Legal Protection of the Business Organization
1. Protection of Competition
1.1. Competition Law: evolution and objectives.
1.2. Contents of Competition Law: antitrust and unfair competition.
2. Antitrust Law
2.1. Regulation: European and Spanish Laws.
2.2. Scope of application of European and Spanish regulation.
2.3. Objectives of antitrust regulation.
2.4. Contents of the Antitrust Law: forbidden practices, sanctions, cases in which these practices are permitted, merger control, control of state aid.
2.5. National Competition Commission: role.
3. Unfair Competition
3.1. Regulation of unfair competition: objectives.
3.2. Characteristic elements of unfair practices. Definition of unfair competition.
3.3. Scope of application.
3.4. Practices amounting to unfair