| CODE | CML3005 | ||||||
| TITLE | Advanced Notions of Commercial Law | ||||||
| UM LEVEL | 03 - Years 2, 3, 4 in Modular Undergraduate Course | ||||||
| MQF LEVEL | 6 | ||||||
| ECTS CREDITS | 10 | ||||||
| DEPARTMENT | Commercial Law | ||||||
| DESCRIPTION | Commercial Obligations and Commercial Sale Aims and Objectives: - To enable students to understand that, although the general law of obligations contained in the Civil Code is largely applicable to obligations of a commercial nature, the law introduces some changes to some of these rules in respect of commercial obligations; - To enable students to understand the issues which arise in connection with contracts concluded between persons "at a distance"; - To examine commercial sales. Course Description: - Applicability of the general private law rules governing obligations to the commercial law sphere and the modifications introduced by commercial law; - An analysis of the Commercial Code provisions which modify the Civil Code provisions on obligations with respect to obligations of a commercial nature such as the joint and several liability of co-debtors and the surety with the principal debtor, the effect of the implied resolutive condition and assignment of litigious rights; - Formation of commercial contracts, particularly contracts stipulated by means of correspondence; offer and acceptance; offers by means of advertisements or catalogues or by the exhibition of goods; - The validity of exclusion and limitation of liability clauses in contracts; standard form contracts; - Applicability to commercial sales of the rules governing the contract of sale in general and the modifications introduced by commercial usage; - Transfer of property and risk as between seller and buyer, with special emphasis on credit sales, hire-purchase and leasing arrangements. N.B. The first part of the unit dealing with commercial obligations is based on the provisions contained in Title V of Part 1 of the Maltese Commercial Code, namely articles 110 to 118. The second part is based mainly on Maltese case law regarding commercial sales. Competition Law Aims and Objectives: - To enable students to understand the rationale underlying Competition law - To enable students to understand the basic concepts of Maltese Competition Law in particular its two pillars namely (i) collusive behaviour which distorts competition and (ii) abuses of a dominant position Course Description: Why regulate competition? Overview of the Maltese Competition Act and its sources i.e. Articles 81 & 82 of the EC Treaty; The notion of "undertaking" Collusive behaviour that distorts competition - Art. 5 Competition Act Agreements and Concerted Practices between undertakings and decisions by association of undertakings; Object or effect of restricting or distorting competition Exceptions Block Exemptions Abuse of a Dominant Position - Art. 9 Competition Act Definition of the "relevant market" What constitutes "dominance" and "collective dominance" What constitutes "abuse" - some instances of abuse such as predatory pricing, tie-ins, essential facilities doctrine Competition Authorities set up by the Act - the Office for Fair Competition and the Commission for Fair Trading Enforcement N.B. The unit is based on the Maltese Competition Act but frequent reference is made to EC Competition Law in view of the fact that it is the acknowledged source of the Maltese Act and the Act itself directs the Maltese Competition Authorities to take into account EC law in interpreting the Maltese legal provisions. The Law of Business Organisations - Part II Aims and Objectives: - To enable students to understand the nature of a limited liability company as a corporate entity and a legal person; - To enable students to understand the concept of the limited liability of shareholders; - To enable students to understand the requirements which are necessary to set up a company and the differences between the types of limited liability companies; - To enable students to understand how a company operates; - To examine the Company's organs, agents and officers. Course Description: - The company as a legal entity; - The different types of companies; - The functions of companies; - Company formation and operation; - The corporate entity principle and the notion of the lifting of the corporate veil; - The ultra vires doctrine; - The concept of capital; - The company's organs and agents; - Directors, Company Secretary and other officers - appointment, role and duties; - Protection of Minority Rights; - Pledging of shares; - Financial accounts; - Filing rules and penalties. N.B. The unit is largely based on the provisions contained in Title I of Part V of the Companies Act namely articles 67 to 213 |
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| STUDY-UNIT TYPE | Lecture and Tutorial | ||||||
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2025/6. It may be subject to change in subsequent years. |
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