Face-to-face , second term, 60 hours of theory.

Second term
Friday from 10:45 to 12:45
Friday from 13:00 to 15:00

Dutch

The three main objectives of the "Commercial law” course are:
(1) Give students a clear overview of the law that applies to economic activities in Belgium ("synthesis");

(2) Bring students to understand how the legislation is handled in practice (both in companies and in law firms) ("practice");

(3) To engage in a critical approach regarding these rules, and to ascertain whether the objectives of the (Belgian and European) legislator are achieved through them ("critic").

For the Bachelor in Law :

For the Bachelor : Business Engineering :

For the Bachelor in Economics and Management :

For the Bachelor in Law :

The course consist of:
(1) Introduction lecture, with class discussions on:

(a) "Harmonisation as a source of law"

(b) "The importance of the (economic) analysis in (commercial) law"

(2) Company law:

(a) General elements of company law
- General concepts
- Purpose
- Form
- Partnerships and capital companies
- Name and corporate headquarters

(b) Companies with (full) legal personality
- General characteristics of the Ltd., the LLC and the SCRL
- Constitutive Requirements
- Capital Movements
- Effects
- Organs
- Duration, dissolution and liquidation

(c) Comparison with other types of companies
- Recap: Comparison between the Ltd. LLC and SCRL
- Comparison with companies without legal personality
- Comparison with the companies with imperfect legal personality
- Two "new" types of companies: The Starters-LLC and the SE (Societas Europaea)
- "Corporate mobility"

(d) The market for "corporate control" and restructurings
- Basic Notions
- "M & A"
- Mergers
- Divisions
- Introduction of a line of business
- Public takeovers

(e) "Case study"

(3) Commercial law:

(a) The trader
- Sources
- Acts of Commerce
- Law of evidence
- Obligations

(b) The business
- Definition
- collateral security

(c) Commercial contracts
- Leasing
- License Agreement
- Factoring

d) Commercial intermediaries
- Mandate
- Brokerage firm
- Agency
- Concession
- Franchise

(4) Market Law:

(a) Market Practices and Consumer Protection
- Scope
- Disclosure requirements
- Advertising terms
- "Spamming"
- Comparative advertising
- Selling at a loss

- Price promotions
- Clearance sales
- Sales
- Combined offers
- Agreements with consumers
- Unfair commercial practices
- Sanctioning

(b) E-commerce

(c) Privacy

(d) Intellectual property

(e) Competition law

(f) Other

(5) Firms in difficulty:

(a) The rescue from continuity

(b) Bankruptcy Law

(c) Guarantees and "collateral law"

(6) Financial law:

(a) Brief history

(b) Definition of financial law
- What are the main "foundations"?
- What are the main "markets"?

(c) Substantive rules
- Concerning the "primary" market
- Concerning the "secondary" market
- Other

(d) Monitoring

(7) Conclusions and summary

“Socratic method", with active class participation and lively discussions about the objectives, advantages and disadvantages of the legislation. The theoretical rules are also regularly tested in practice.

Model examinations are handed out during the lessons, students are invited to solved these “practice” exams together so that they can assess what is expected of them and what is the best way to prepare for the exams.

The exam consists of three parts:
(1) A "closed book" part (1 hour) where the student is asked to define and contextualise five concepts from the course;
(2) An "open book" part (1 hour) where the student is asked to solve a case study with the help of the teaching materials;
(3) A short oral presentation (10 minutes) where the student can clarify his / her answers.
This mixed approach (a written test presented orally) reduces the risk of the result being affected by language issues.

It shall be communicated at the beginning of the course. A Code of economic legislation is needed.

None