HFC552 - Aspects of Comparative Commercial Law (2023-2024)

I.    Structure and goals

The aim of this course is to examine one or more areas of commercial law from a comparative perspective, that students can recognise comparative law issues when they arise in commercial law and are able to analyse those issues using the conceptual tools of comparative law. Based on a comparative analysis this course will  include aspects of corporate laws in civil and common law countries, international buisiness transactions, disputes resolution as well as the contract laws of different countries.


II.    Assessment

Assessment type    Description    Grade
Assignment    Essay not exceeding 1,500 words    30%
Examination    In class examination     70%


III.    Bibliography

•    Foster, NHD 'Comparative Commercial Law: Rules or Context?'
•    in Örücü, E and Nelken, D (eds) Comparative Law: A Handbook Hart
•    John Henry Merryman and Rogelio Pérez-Perdomo, The Civil Law Tradition, An Introduction to the Legal Systems of Europe and Latin America


IV.    Syllabus

1.    INTRODUCTION: Course overview. Some commercial law basics, contracts law basics, french compared to other legal systems, sources of law, judicial process,

2.    Contracts :classification, formation and  nullity;  different type of business, comparative law,  formalities in France

3.    Negotiating and drafting key international business transactions:
distributorship agreement, applicable law, best effort

4. Intellectual Property Rights basics: introduction, patent, trademarks, cases study

5. Licensing and Electronic transactions

6. International Dispute Resolution:  arbitration V/s adjudication

7. Alternative Dispute Resolution : How to use mediation, conciliation
and other ADR? We will then collectively draft the dispute resolution clause
which we decide is the most suitable to our hypothetical case.

8.    Employment law basics: drafting an Employment Agreement, hiring a
foreign employee, terminating an agreement, drafting a transaction

9.    Social media use at work and online privacy: Can you get fired from work for posting on social media when you are not at work, Prohibited reasons for which you can't be fired or let go from work, What does the law consider to be private and not.

10.Final Exam