2023-2024 / DROI8018-1

Economic Law

Duration

60h Th

Number of credits

 Bachelor in law5 crédits 
 Bachelor in political sciences : general5 crédits 

Lecturer

Nicolas Thirion

Language(s) of instruction

French language

Organisation and examination

Teaching in the first semester, review in January

Schedule

Schedule online

Units courses prerequisite and corequisite

Prerequisite or corequisite units are presented within each program

Learning unit contents

The aim of the economic law course is to derscribe in its broad outline the legal status applicable to the organization and operation of economy. The Introduction, will point out the fundamnetal concepts of a system of market economy such as the one which governs business life in Belgium, and more largely in Europe : the economic agent ; the market ; the contract and the risk. The first part is devoted to the historical emergence of legal rules specifically dedicated to commercial exchanges and to the fundamental principles that clarify and justify them. The four following chapters of the course will point out the various modes according which the fundamental concepts mentioened above are translated and used in business law. The economic agent received a first legal translation through the concept of tradesman, which already triggers the enforcement of a certain number of rules (competence of the commercial courts, particular means of evidence, insolvency law,etc.). This translation was later extended to all other enterprises (this concept constituting, among others, the core of accountancy law). The second chapter concerns the organisation and operation of the market : freedom of trade and industry principle, establishement law, competition law, trade practices and regulation of prices. In a third part, the idea of contract, which allows economic agents to collaborate, will be pointed out through current commercial business operations (commission, broking, agency, dealership, franchise, etc.). Finally, in the fourth part, the insolvency rules will be examinated, as legal instruments of sanction of the economic agents' failings.

Learning outcomes of the learning unit

The aim of he course is to provide the students with a theoretical (ex. : bonds with the underlying economic talking and with some important matters of law theory), but also practical knowledge (ex : concrete practices of companies) sufficiently extended to enter into professional life. The goal is to help them answer to any general question in relation with those matters and provide sufficient knowledge to face research needed for the resolution of more complex problems they may have to face during their professional life. The aim is also to develop a critical turn of mind and interdisciplinary curiosity.

Prerequisite knowledge and skills

A good understanding of the economic law course requires the knowledge of obligations law.

A sufficient command of the French language and non-formal logic is also required.

Planned learning activities and teaching methods

"Ex cathedra" course. Course attendance is strongly recommended.

Mode of delivery (face to face, distance learning, hybrid learning)

Face-to-face course


Additional information:

Face-to-face course organised during the first « quadrimester ». A permanence is insured by the personnel of the commercial law unit durind this period.

E-mails relating to the subject will only be answered until the end of the first quadrimester (for the first session) and until 15 July (for the second session).

Recommended or required readings

Nicolas THIRION (dir.), Droit de l'entreprise, Bruxelles, Larcier, 2012

Exam(s) in session

Any session

- In-person

written exam ( open-ended questions )


Additional information:

Written Exam. Three questions. Exam duration: 1 hour 30.

The aim of the first question is to assess the student's knowledge by checking their analytical ability to respond accurately to the question raised. The second question is designed to assess the student's synthetic skills by means of a cross-curricular question relating to a theme or common thread in the subject taught. The third question uses a case study or text commentary to test the student's reasoning skills in a novel situation.

Students may have their codes, legislarions or regulations printedfrom official websites and a alfabetical table of keywords only composed of words or short collections of words referring to laws, regulations and treaties' articles or to dates of judicial decisions. More informations and advices about evaluation given during the oral course.

Work placement(s)

Organisational remarks and main changes to the course

Contacts

Economic Law and Legal Theory unit

Association of one or more MOOCs