Introduction to Law of Obligations
Course type
Study programme and level
Language
slovenščina
Lectures | Seminar | Tutorial | Druge oblike študija | Individual Work | ECTS |
---|---|---|---|---|---|
50 | 40 | 110 | 8 |
Study programme and level |
Study field |
Academic year |
Semester |
I. level | Law and Management of Infrastructure and Real Estate | 2 | 2 |
Course type
Compulsory
Workload | Lectures (h/semester) | Seminar
(h/semester) |
Tutorial
(h/semester) |
Individual Work (h/semester) | ECTS |
50 | 40 | 110 | 8 |
Lecturer
mag. Marko Starman
Language
English
Prerequisites
Enrollment into the 2nd year of study.
Content (Syllabus outline)
– Obligations relation, obligation right, obligation duty.
– Ingredients, subjects, content of obligations relation.
– Fulfillment of conduct.
– The term and types of legal business.
– Legal and business capacity.
– Conclusion of the contract by an agent.
– Will for the conclusion of the contract and failure of will.
– Form as a condition for a valid conclusion of a contract.
– Modes of contract conclusion.
– Contract as the legal basis for the creation of rights and obligations.
– Legal consequences of a breach of contract and damage responsibility.
– Liability for damage caused by factual and legal error fulfillment.
– Concept of the sale contract, ingredients of the contract.
– Delivery of possession and transfer of property right.
– Consumer sales.
– Renting and leasing of the real estate.
– Brokerage contract.
– Termination of the brokerage contract.
– Legal arrangements for brokerage.
Study Literature
– United Nations Convention on Contracts for the International Sale of Goods, 11.4.1980.
– Code of Obligations.
– Cooter, Ulen “Law and Economics (6th edition)”, available online.
– Richard Posner “Economic analysis of Law” Boston, Toronto, London 1992.
– The Institutes of Justinian translated into English. J. B. Moyle, tr. and ed. (Oxford: Clarendon Press, 1913).
Objectives and competences
The course consists of general and specific work. In general part the students are present a comprehensive overview of what contractual obligation means, the principles of the law of obligations and commitments species, with emphasis on the field of real estate. Students will gain knowledge about the origin of the obligations, what kind of contract obligations are known as well as the compensation obligations and responsibilities. Further the course deals with the effects of certain liabilities and consolidation, amendment and termination of obligations. In a separate part the students are fully present with contract law and securities law.
Learning unit contributes to the development of generic and subject specific competences:
– Knowledge of laws in the field of contractual obligations;
– Knowledge of the principles of the law of obligations;
– Knowledge of contract law;
– Knowledge of securities law;
– Ability to analyze, synthesize lessons learned and anticipate solutions and their consequences;
– Ability of the flexible transfer of knowledge into practice.
Intended learning outcomes
Student:
– Knows concepts: contractual obligation, obligation rights, legal transaction, legal and business skills, contract, legal consequences.
– Understands the basic principles of the law of obligations.
– Knows and understands the role of all actors within the legal system in this field.
– Knows the contents of the contract and the process of contract realization up from the desire of the parties to the real estate register of new relationships.
– Develops the ability to organize the process.
Learning and teaching methods
– Lectures with students active participation (presentation, discussion, questions, examples, problem solving);
– Exercises;
– Individual and / or group consultations (discussion, additional explanation, specific questions).
Assessment
Written examination.
Lecturer’s references
Articles:
- Park Strunjan – cases and controversies«, Public Enterprise Quarterly Journal, vol. 20, no. 1-2, 2014. ISSN – 0351 – 3564, september 2014
- »Litigation procedure between member states – the dark (economic) side of the gass terminals«, Podjetje in delo, št. 6-7/2011
- »Interplay between housing policy and policy of public procurement Public administration, number 43/.3-4/Ljubljana 2007, page. 111-123; UDK 351.712:349.44,
- »Zoning regulation on the Constitutional court”, UPRAVA – administration, year VI, no. 3, October 2008; UDK: 711:342.565.2;
Lectures and studies:
- XIII. Dnevi javnega prava in javnega managementa,- annual meeting on public law and administration 7th of June .2007, Portorož,, Financing of public private partnership from EU funds, Housing law, video surveillance and personal data protection
- Acquisition of real estate in EU member states, 3.-5th .November, 2008, Taiex workshop, Ankara
- Co-author of a study commissioned by the of Ministry for environment on the “Legal aspects of the pre-litigation procedure before the European Commission in accordance with Article 259 of the Treaty on the Functioning of the European Union regarding placement of gas terminals in the Gulf of Trieste and its coastal area« produced by the Law school of Maribor,September 2010;
- Co-author of the study on the partial devolution of the powers of the Constitutional court on administrative courts (third paragraph of the article 160 of the Constitution), Ljubljana: National Assembly of the Republic of Slovenia, 2010
- »Legal aspects od environmental protection«, Center for judicial trainning, 2.-3. april 2012