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Informatie over Pre-LLM International and European Law: track International Commercial Law
Hieronder staan het programma en de vakomschrijvingen van Pre-LLM International and European Law: track International Commercial Law Klik op de naam van een vak in een schema om naar de omschrijving te gaan.
| » Jaar 1 | |||||||
| Periode | Type | Code | Naam | Taal | ECTS | Uren | |
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| semester I a | compulsory | RGBEE50010 | European Law | Engels | 10 | 6 | |
| compulsory | RGPEE510BD | Law and Legal Skills - IT for Lawyers | Engels | 2 | |||
| compulsory | RGPAR510AD | Law and Legal Skills: the Dutch example | Engels | 10 | 8 | ||
| compulsory | RGBPR50105 | Private Law 2 | Engels | 5 | 4 | ||
| semester I b | compulsory | RGBAR50005 | Introduction to Common Law | Engels | 5 | 2 | |
| compulsory | RGPRG50105 | Legal History | Engels | 5 | 6 | ||
| semester II a | compulsory | RGBEE50405 | Research seminar European Law | Engels | 5 | 2 | |
| compulsory | RGARG50306 | The Legal heritage of Europe | Engels | 6 | 2 | ||
| semester II b | compulsory | RGBPR50005 | Civil Procedural Law | Engels | 5 | 2 | |
| compulsory | RGPPR50105 | Private Law 1 | Engels | 5 | 4 | ||
| 1 | Civil Procedural Law | RGBPR50005 | |||||||||||||||||||||||||||
| Civil procedural law provides regulation for civil proceedings. In civil proceedings claims derived from substantive private law are verified, specified and strengthened by an enforcement title. A claimant, who pretends to have a right, is granted a right and title to prevent him from taking the law into his own hands. In addition there will be a contribution to the further development and the unity of substantive law. Civil procedural law is therefore crucial for forming an understanding and knowledge of substantive private law. Furthermore, the civil procedure has the function of dispute settlement. The judge will make a decision based on legal rules. Whether or not the dispute between the parties will be solved by this decision is not certain. For this, two other legal concepts are available: the judge can assist the parties involved to resolve the case by means of a settlement, and the judge can facilitate parties coming to a solution under the supervision of a third party (mediation). Because this is an international course, the focus is not on one national legal system, but on the Principles of Transnational Procedure, as drafted by the American Law Institute and UNIDROIT. These Principles are a form of 'soft law'. They claim to have universal significance in the sense that they mirror a model of an ideal civil procedural law system which bridge the national differences. Attention will be paid also to the influence of European instruments like the ECHR and those contained in European Union law. This module is taught through lectures. Before the start of the semester a list of study material will be provided in a reader. After the lectures the module will rounded off with a paper. | |||||||||||||||||||||||||||||
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| 2 | European Law | RGBEE50010 | |||||||||||||||||||||||||||
| It is envisaged that this course will include the following topics although precise content and order may vary. Following a brief introduction into the history of European integration, the emphasis of the course will be on (a) the characteristics of the European Union legal order; (b) institutional structure; (c) the definition, importance, functioning and regulation of the internal market; (d) the development of non-economic values and competences and how they affect the EU and its Member States (values, human rights, environmental principles) (d) procedural law/remedies in the European Union legal order (including direct effect, state liability and national procedural autonomy; enforcement of European Union Law against Member States; actions for judicial review; references for preliminary rulings). | |||||||||||||||||||||||||||||
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| 3 | Introduction to Common Law | RGBAR50005 | |||||||||||||||||||||||||||
| The classes will be lectures, although there will be room for questions and discussion as necessary. The course will touch upon the following subjects (at least) 1.the origins of the common law 2.the role of the judge in the common law 3.the role of lawyers in the common law 4.the idea of precedent and judge-made law 5.criminal law in the UK, including the use of the jury and cross-examination 6.contract law in the UK 7.the law of torts in the UK 8.property law in the UK 9.family law in the UK 10.the UK ‘constitution’. | |||||||||||||||||||||||||||||
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| 4 | Law and Legal Skills - IT for Lawyers | RGPEE510BD | |||||||||||||||||||||||||||
| This part of the Legal Skills module introduces important online legal resource tools needed when studying European and International law. Both publicly accessible tools (such as EUR-Iex, United Nations Treaty collection etc.) and those available through the RUG Law Library portal (such as Westlaw etc.) are used. Each workgroup session is interactive with students and lecturer discussing and examining the features of the online resources being used in that session, when and where they may be used and how to cite resources accessed. A number of tasks are assigned per session to practice skills learnt and/or reinforce skills gained in previous sessions. | |||||||||||||||||||||||||||||
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| 5 | Law and Legal Skills: the Dutch example | RGPAR510AD | |||||||||||||||||||||||||||
| The course Law and Legal Skills: the Dutch example (LLS) provides insight into the workings of a legal system by using the Dutch system as a point of reference. The LLS program explains general issues such as the nature of law, sources of law and the separation of powers. Furthermore, the course familiarizes students with the existence and main characteristics of various areas of law in order to provide them with the basic knowledge that is expected of them in subsequent courses. Constitutional law, Administrative Law, Criminal law, International and European law and Private law will be introduced. Within these fields of law, both substantive as well as procedural law will be discussed. In addition, LLS will help students acquire the skills necessary to analyze questions of law and legal problems, such as reading legislation, analyzing case law, solving cases and searching for source materials (among other things law reports and literature). Attention will also be given to presentation skills and in giving and receiving feedback. It is imperative for students to arrive on time in the Netherlands if they have to travel from abroad. Only then can they familiarize themselves with the city, our faculty and our enrollment and e-learning systems. In the first week of this course we expect students to have the necessary literature and readers available so that you can prepare for the lecture (study the literature) and prepare for the working groups/tutorials (answer the questions for the Law part as well as the questions for the Legal Skills part). This course is generally considered as a difficult course since students have to adjust in many ways while finding out which study method suits them best. Moreover, LLS is a 10 ECTS course with only 7 weeks. It is almost impossible to catch up on the material and assignments if students should arrive late in the Netherlands since they would either be ill-prepared or miss the first week(s) all together. For this course students must pass the Law part as well as the Legal Skills part on the exam. | |||||||||||||||||||||||||||||
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| 6 | Legal History | RGPRG50105 | |||||||||||||||||||||||||||
| The course treats the legal history of selected European countries and the creation of their codifications, such as the French Civil Code, the German Bürgerliches Gesetzbuch and the Dutch Burgerlijk wetboek. Attention is paid to the influence of Roman law and natural law on the development of European law. Furthermore, attention is paid to English common law as alternative to codification. The module will be taught in English by way of lectures and work groups. The subject matter will be discussed during the lectures. During the work groups, students will practice the art of reading and understanding cases which illustrate the material. Therefore students are expected to study the book and textbook as well as prepare the questions in advance. | |||||||||||||||||||||||||||||
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| 7 | Private Law 1 | RGPPR50105 | |||||||||||||||||||||||||||
| Private Law I addresses the major concepts, objectives and problems of contract law and of tort law. The contract law part includes topics such as party autonomy, formation processes, and remedies. Topics of tort law include fault and risk based liability and issues of damages. Where possible, the course will take the Principles, Definitions and Model Rules of European Private Law, DCFR (2009) as a point of departure. The course aims at providing the students with a general understanding of the main characteristics and functions of contract law and of tort law. Teaching method: This course consists of lectures and tutorials. In the tutorials the students practice by means of assignments which have to be prepared in advance. | |||||||||||||||||||||||||||||
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| 8 | Private Law 2 | RGBPR50105 | |||||||||||||||||||||||||||
| Private Law 2 focuses on property law in a broad sense. It introduces the area of property law and covers principles of property law, different systems of transfer of property within Europe, production, commingling, combination, prescription, the limited rights in rem and land law. | |||||||||||||||||||||||||||||
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| 9 | Research seminar European Law | RGBEE50405 | |||||||||||||||||||||||||||
| While following European Law classes you may have realised that various European Law doctrines are related. For instance, the effectiveness of European law, combined with the preliminary reference procedure, and the interpretation of the fundamental freedoms are inherently connected. In this course you will consider in more depth a number of these connections and learn to apply concepts to practical solutions in European law. The course is assessed by a mixture of assignments which will be carried out during the seven seminar weeks. The final grade for the course is a composite of the grades in the assignments. | |||||||||||||||||||||||||||||
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| 10 | The Legal heritage of Europe | RGARG50306 | |||||||||||||||||||||||||||
| Roman law has played a significant part in the genesis of a common European legal culture. In the sixth century of our era it was codified by the emperor Justinian, but it was not until its ‘rediscovery’ in the 11th century and the foundation of the medieval universities that it became the basis of a tradition of a ‘ius commune’, a tradition uninterrupted since then, not even by the national codifications of the 19th century. It is a story of how societies different from the one in which Roman law had originated managed to adapt the Roman legal heritage to their own needs and circumstances and to select what apparently was of lasting value. This English taught course examines that process and concentrates on what European countries have in common rather than on what separates them. Attention is paid to factors which have contributed to this tradition: Which is the Europe we are speaking about? What did this Roman law look like? What role did canon law play? Which were the competitors of Roman law? The development is followed in seven weeks during which texts are discussed in class illustrating the argument. Students are supposed to have a basic understanding of European political history. | |||||||||||||||||||||||||||||
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