| Study programme competencies |
| Code | Study programme competences |
| A1 | Knowledge of the main legal institutions |
| A2 | Knowledge of the role of law as a regulatory system of social relations |
| A3 | Grasping the systematic nature of the legal system |
| A4 | Appreciating the interdisciplinary nature of legal problems |
| A5 | Knowing the constitutional principles and values. |
| A6 | Understanding the different manifestations of law in its historical evolution and in its current reality. |
| A8 | Basic knowledge of legal argumentation. |
| A9 | Ability to handle legal sources (legal, jurisprudential and doctrinal). |
| A10 | Ability to interpret and critically assess the legal system. |
| A11 | Ability to understand and write legal documents. |
| B2 | Ability to know how to apply their knowledge to their work or vocation in a professional way and possess the skills that are usually demonstrated through the elaboration and defense of arguments and the resolution of problems within their area of study. |
| B3 | Ability to gather and interpret relevant data (usually within their area of study) to make judgments that include a reflection on social, scientific or ethical relevant issues. |
| B4 | Ability to transmit information, ideas, problems and solutions to a specialized and non-specialized public. |
| B5 | Acquisition and assessment of those learning skills necessary to undertake further studies with a high degree of autonomy |
| B7 | Effective problem solving. |
| B8 | Critical, logical, and creative thinking. |
| C3 | Using ICT in working contexts and lifelong learning. |
| C4 | Exercising an open, educated, critical, committed, democratic and supportive citizenship for the sake of the common good. |
| C5 | Understanding the importance of entrepreneurial culture and knowing the useful means for enterprising people. |
| C6 | Critically assess the knowledge, technology and information available to solve the problems they face. |
| C7 | Assume as a professional and citizen the importance of lifelong learning. |
| C8 | Valuing the importance of research, innovation and technological development for the socioeconomic and cultural progress of society. |
| Learning aims | |||
| Learning outcomes | Study programme competences | ||
| Knowledge of the concept and general characteristics of commercial law. | A1 A2 A3 A4 A5 A6 |
B8 |
C3 C4 C5 C7 |
| Proper handling of the sources of commercial law. | A1 A2 A3 A4 A6 A8 A9 A10 |
B7 B8 B2 B3 B5 |
C3 C4 C5 C7 |
| Knowledge of the fundamental concepts of the legal status of the company and the practical problems it raises. | A1 A2 A4 A8 A9 A10 A11 |
B7 B8 B2 B3 B5 |
C3 C4 C5 C6 C7 C8 |
| Knowledge of the fundamental concepts of the legal status of the entrepreneur and the practical problems it raises. | A1 A2 A4 A8 A9 A10 A11 |
B7 B8 B2 B3 B5 |
C3 C4 C5 C6 C7 C8 |
| Basic skills in the operation of the Commercial Register. | A1 A2 A9 A10 A11 |
B7 B8 B2 B3 B5 |
C3 C6 |
| Basic knowledge of the legal regime governing company accounts. | A1 A4 A9 A10 |
B7 B8 B2 B3 B5 |
C3 |
| Knowledge of the legal status of the various employees of the employer and the practical problems that this raises. | A1 A2 A8 A9 A10 A11 |
B7 B8 B2 B3 B5 |
C3 C5 |
| Basic skills in the General Theory of Intellectual Property and Competition Law. | A1 A2 A3 A4 A5 A6 A10 |
B7 B8 B2 B3 B4 B5 |
C3 C4 C5 C7 |
| Proper management of the legal categories of rights in industrial creations (patents, designs, etc.). | A1 A2 A3 A4 A6 A8 A9 A10 A11 |
B7 B8 B2 B3 B4 B5 |
C3 C4 C5 C6 C7 C8 |
| Proper management of the legal categories of the Law of distinctive signs /trade marks, etc.). | A1 A2 A4 A6 A8 A9 A10 A11 |
B7 B8 B2 B3 B4 B5 |
C3 C4 C5 C6 C7 C8 |
| Knowledge of Copyright and related rights, as well as the practical problems they pose. | A1 A2 A4 A6 A8 A9 A10 A11 |
B7 B8 B2 B3 B4 B5 |
C3 C4 C5 C6 C7 C8 |
| Proper management of the legal categories of the Competition Law. | A1 A2 A4 A6 A8 A9 A10 A11 |
B7 B8 B2 B3 B4 B5 |
C3 C4 C5 C6 C7 C8 |
| Proper management of the legal categories of the Law of Unfair Competition and Economic Advertising. | A1 A2 A4 A6 A8 A9 A10 A11 |
B7 B8 B2 B3 B4 B5 |
C3 C4 C5 C6 C7 C8 |
| Contents |
| Topic | Sub-topic |
| Lesson 1.- Concept and general characteristics of Commercial Law. | 1.- The concept of Commercial Law. 2.- Commercial Law as a historical category. 3.- Contemporary Commercial Law: The Economic Constitution. |
| Lesson 2.- The sources of Commercial Law. | 1.- General approach: The speciality of Commercial Law. 2.- Commercial Laws. 3.- Commercial usages. 4.- Commercial Courts, arbitration and mediation in commercial matters. |
| Lesson 3.- The company. | 1.- The concept of the company. 2.- The purchase and sale of the company. 3- The leasing of the company. 4.- The transfer of the company mortis causa. |
| Lesson 4.- The entrepreneur. | 1.- The concept of entrepreneur. 2.- Types of entrepreneurs. 3.- The liability of the entrepreneur. 4.- The capacity of the entrepreneur. 5.- The exercise of commercial activity by a married person. 6.- Prohibitions and restrictions on the exercise of the business activity. Loss of the status of entrepreneur. |
| Lesson 5.- The Commercial Register. | 1.- Fundamental notions about the Mercantile Register. 2.- Subjects and registrable acts. 3.- The Territorial Mercantile Registries and their functions. 4.- The Central Mercantile Register and its functions. |
| Lesson 6.- Business accounting. | 1.- Introductory notions. 2.- Formal accounting: The duty to keep accounts, accounting secrecy and accounting as a means of proof. 3.- Material accounting: The annual accounts and the auditing of accounts. |
| Lesson 7.- The representation of the employer. | 1. Introductory notions. 2.- The general attorney-in-fact or factor. 3.- Singular attorneys-in-fact. |
| Lesson 8.- General theory of Intellectual Property and Competition. | 1.- Intellectual Property and Competition Law. 2.- Characteristics of the Intellectual Property regime. 3.- Characteristics of the Competition Law regime. 4.- Modalities. |
| Lesson 9.- Patents. | 1.- The patent of invention: Concept, nature and classes. 2.- Spanish regulation of patents for invention. 3.- Supranational patent law. |
| Lesson 10.- Other industrial creations. | 1.- Utility models. 2.- Industrial design. 3.- Other modalities. |
| Lesson 11.- Trade marks. | 1.- Concept and functions of the trade mark. 2.- The birth of the right over the trade mark: Prohibitions. 3.- Content of the right over the trade mark. 4.- Nullity and revocation of the registered trade mark. 5.- International trade marks and trade marks of the European Union. |
| Lesson 12.- Other distinctive signs. | 1.- The trade name. 2.- The shop sign. 3.- Geographical product designations. 4.- Domain names. |
| Lesson 13.- Copyright. | 1.- Copyright in literary, artistic and scientific works. 2. 2.- Related rights. 3.- Copyright protection. |
| Lesson 14.- Antitrust. |
1.- Legal regime of Antitrust: Spanish regulation and Community Law. 2. Agreements and concerted practices. Abuse of dominant position. 3.- Distortion of competition through unfair acts. Control of business concentrations. 4.- State aid. 5.- Bodies and sanctions. |
| Lesson 15.- Unfair competition and economic advertising. | 1.- Loyalty in commercial competition and the Law on Unfair Competition. 2.- The general prohibition clause. 3.- Acts of unfair competition. 4.- Economic advertising. |
| Planning | ||||
| Methodologies / tests | Competencies | Ordinary class hours | Student’s personal work hours | Total hours |
| Case study | A1 A2 A3 A4 A5 A6 A8 A9 A10 A11 B7 B8 B2 B3 B4 B5 C3 C4 C5 C6 C7 C8 | 26 | 0 | 26 |
| Directed discussion | A1 A2 A3 A4 A5 A6 A8 A9 A10 A11 B7 B8 B2 B3 B4 B5 C3 C4 C5 C6 C7 C8 | 16 | 0 | 16 |
| Guest lecture / keynote speech | A1 A2 A3 A4 A5 A6 A8 A9 A10 A11 C4 C5 C6 C7 | 28 | 0 | 28 |
| Mixed objective/subjective test | A1 A2 A3 A4 A5 A6 A8 A9 A10 A11 B7 B8 B2 B3 B4 B5 C4 C5 C6 C7 | 2 | 40 | 42 |
| Long answer / essay questions | A1 A2 A3 A4 A5 A6 A8 A9 A10 A11 B7 B8 B2 B3 B4 B5 C4 C5 C6 C7 | 2 | 12 | 14 |
| Personalized attention | 24 | 0 | 24 | |
| (*)The information in the planning table is for guidance only and does not take into account the heterogeneity of the students. | ||||
| Methodologies |
| Methodologies | Description |
| Case study | Judgments of the courts will be analyzed and, especially, legal problems raised in case studies. |
| Directed discussion | The teacher will raise a legal problem in class and will try to reach its solution with the interventions of students. |
| Guest lecture / keynote speech | Oral presentation of each of the lessons that integrate the contents of the subject, with the purpose of transmitting knowledge and facilitate learning. |
| Mixed objective/subjective test | Evaluation method consisting of a written test (exam) that each student must take individually. |
| Long answer / essay questions | Throughout the course, from time to time, students will take a test that they will have to give to the teacher for their evaluation. It will also help students to check their progress in the subject matter of the subject. |
| Personalized attention |
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| Assessment | |||
| Methodologies | Competencies | Description | Qualification |
| Long answer / essay questions | A1 A2 A3 A4 A5 A6 A8 A9 A10 A11 B7 B8 B2 B3 B4 B5 C4 C5 C6 C7 | Proba, de moi variada índole (test, análise xurisprudencial, estudo e análise xurídico de casos concretos, elaboración de contratos ou documentos, discusións dirixidas, etc.), que realizan os/as alumnos/as ao longo do curso para comprobar os coñecementos adquiridos. | 30 |
| Mixed objective/subjective test | A1 A2 A3 A4 A5 A6 A8 A9 A10 A11 B7 B8 B2 B3 B4 B5 C4 C5 C6 C7 | Tests, of a very varied nature (test, jurisprudential analysis, study and analysis legal of concrete cases, elaboration of contracts or documents, discussions directed, etc.), which students do throughout the course to check the acquired knowledge. | 70 |
| Case study | A1 A2 A3 A4 A5 A6 A8 A9 A10 A11 B7 B8 B2 B3 B4 B5 C3 C4 C5 C6 C7 C8 | Students during the face-to-face sessions will speak orally exposing its solution to the proposed cases, discussing, where appropriate, with the teacher and his companions. | 0 |
| Directed discussion | A1 A2 A3 A4 A5 A6 A8 A9 A10 A11 B7 B8 B2 B3 B4 B5 C3 C4 C5 C6 C7 C8 | Students will participate in the discussion, trying to show their knowledge and skills. | 0 |
| Assessment comments | |||
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IMPORTANT: TEST / DEVELOPMENT TESTS, WHICH ALLOW THE CONTINUOUS ASSESSMENT OF THE STUDENT, ONLY MAY BE PERFORMED BY THOSE STUDENTS WHO ATTEND AND REGULARLY PARTICIPATE IN THE CLASSES OR CLASSROOMS OF THE SUBJECT. The evaluation in the SECOND CHANCE will follow exactly the same criteria as in the first. Thus, it should be taken into account that IN THE SECOND OPPORTUNITY, THE EXAM GRADE ALWAYS SUPPOSES 70% OF THE COURSE'S GRADE. In the case of students with recognitionof part-time dedication, the test must be taken into account for mandatory evaluation, Mixed and test tests. The mixed test, as with the other students, will be worth seventy percent of the final grade. Inits In this case, also the essay / developmenttests will account for thirty percent of the final grade for the subject. But in the latter case it will be taken in it counts the availability of the students, being able to establish substitute dates of those initially planned for the rest of the students. Any attempt at fraud or plagiarism in any of the activities that take place during the course, in the essay tests or in the final exam, will be penalized with an automatic failure in the matter (score: 0). |
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| Sources of information |
| Basic |
Aurelio MENÉNDEZ & Ángel ROJO (directores) (Última edición). Lecciones de Derecho Mercantil, vol. I. Thomson Reuters
SÁNCHEZ CALERO, F./SÁCHEZ-CALERO GUILARTE, J. (Última edición). Principios de Derecho Mercantil, t. I. Aranzadi |
It is absolutely necessary to handle the commercial Laws related to the contents of the subject. |
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| Complementary |
BERCOVITZ RODRÍGUEZ-CANO, A. (Última edición). Apuntes de Derecho Mercantil. Aranzadi
VARIOS AUTORES (Última edición). Lecciones de Derecho Empresarial. Tirant lo Blanch
JIMÉNEZ SANCHEZ, G. J./ANGULO RODRÍGUEZ, L. (Última edición). Lecciones de Derecho Mercantil. Tecnos
BROSETA PONT, M./MARTÍNEZ SANZ, F. (Última edición). Manual de Derecho Mercantil, t. I. Tecnos |
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| Recommendations | ||
| Subjects that it is recommended to have taken before |
| Subjects that are recommended to be taken simultaneously |
| Subjects that continue the syllabus | ||
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| Other comments | |
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Continuous study is advisable, and from the beginning of the course, of the subject. |