ECGE1220 - Commercial law
Mode of delivery :
Face-to-face , first term, 45 hours of theory.
Friday from 13:30 to 16:30 at 119 Marais 2100
Language of instruction :
The course is given in French. Bibliographic references and jurisprudence studied in class are also generally in French.
Learning outcomes :
This course is designed for students who are not enrolled in Law faculty. That is the reason why it does not aim to present down to the smallest detail the mechanisms of law and rules addressed during the sessions.
This course aims to bring the students to master the fundamental institutions of commercial law: the notion of trader (as a physical person or trading company); balance between free trade and free enterprise, market organisation, state interventionism; review of key techniques of commercial law (commercial contracts, business assets, commercial guarantees).
These different notions are subject to strict definitions. They will be illustrated by examples taken from socio-economic reality and “everyday life” of judicial qualification work. They will be reviewed through jurisprudential implementation. We will make links between commercial law on the one side, and economic analysis on the other side.
By the end of the course the students should be able to define and compare the concepts studied in class, they should also have a “prudential” approach to the judicial control of economic and commercial life.
For the Bachelor in Business Engineering :
For the Bachelor in Economics and Management :
Course contents :
The course is structured in different chapters designed to provide the students with an introduction to the fundamental mechanisms of commercial law.
A first section identifies, defines and follows the “actor” of commercial law: the trader - whether he is acting as a physical person, uses personalisation techniques covered by the Companies Code, or even if he is a public operator.
A second part is devoted to market mechanisms. After having studied the actor, we will present the “playground”. This can be characterised by the principle of free trade and free enterprise, but also by the organisation and maintenance rules of the market and a set of dispositions that infringe or adjust the principle of freedom mentioned above (access to the profession, price regulation, etc.).
The third section will be devoted to the synthetic review of the main techniques characteristic of commercial law: specific tools, i.e. among others, business assets and commercial contracts.
Planned learning activities and teaching methods :
This course is a lecture. The beginning of each session will be devoted to a summary of the main notions studied in the previous session. The lecture can also be illustrated by readings and the critical analysis of jurisprudential rulings.
Assessment methods and criteria :
Each part of the syllabus includes the reference to a deliberately restricted bibliography: we have chosen to provide the students with only a few basic references on each matter.
Additionally, the students are invited to acquire a “Code Economie” (La Charte edition) to follow directly with the texts many of the notions explained in class.
Recommended or required reading :
Each part of the syllabus cross-refers to an intentionally restricted bibliography. Besides, the students are invited to acquire an Economy Code (La Charte edition) to study many notions explained in class.
Other information :
- The syllabus (to be completed with personal notes): it is not an exhaustive syllabus but it includes a course summary with the main definitions;
- Laws and regulations (Ex. Code Economie (Ed. La Charte));
- A collection of jurisprudential decisions.