Information of the subject

1. Course details

1.1. Content area

Seminar on Private Law III: Case-law of the European Courts in civil matters

1.2. Course nature

Optional

1.3. Course level

Grado (EQF/MECU 6)

1.4. Year of study

466 - Graduado/a en Derecho: 4
686 - Graduado/a en Derecho (2016): 4
687 - Graduado/a en Derecho y en Administración y Dirección de Empresas (2016): 6
731 - Graduado/a en Derecho y en Administración y Dirección de Empresas (2019): 6

1.5. Semester

First semester

1.6. ECTS Credit allotment

6.0

1.7. Language of instruction

English

1.8. Prerequisites

No prerequisites

1.9. Recommendations

Not applicable

1.10. Minimum attendance requirement

Attendance to class is mandatory. Attendance to tutorial session is also mandatory.

1.11. Subject coordinator/s

Nieves Isabel Moralejo Imbernon

1.11.1. External coordinator/s

Not applicable

1.12. Competences and learning outcomes

1.12.1. Competences

1. General objectives:

G1. To acquire a critical attitude towards reality and towards ideas. To develop an open mind and an interest towards intellectual work and its outcomes.
G3. To be able to express and transmit in an adequate way complex ideas, problems and solutions, both orally and in a written form, to both specialized and non-specialized audiences. 
G5. To be able to search, select, analyze and synthesize information on academically relevant topics so as to formulate evaluations based on personal reflections. 

2. Specific objectives:

E3. To understand the basic concepts of Comparative Law.
E5. To search, analyze and sum up the Comparative Law information.
E7. To acquire the necessary skills for discuss with a legal argumentation on complex theoretical issues.
E10. To explain orally in a complex comprehensible legal argumentations.

1.12.2. Learning outcomes

Not applicable

1.12.3. Course objectives

Not applicable

1.13. Course contents

PROGRAM:

Part I.- The European Court of Justice (ECJ)

A. The role of the ECJ

B. Copyright Law

C. Law of Torts

Part II.- The European Court of Human Rights (ECHR)

A. The role of the ECHR

B. Family Law

1.14. Course bibliography

BASIC BIBLIOGRAPHY:

- BERCOVITZ RODRÍGUEZ-CANO, R, Manual de Propiedad Intelectual. Tirant lo Blanch (last edition)

- BERCOVITZ RODRÍGUEZ-CANO, R: Comentarios a la Ley de Propiedad Intelectual. Tecnos (last edition)

- DREIER, T., and HUGENHOLTZ, P.B., Concise European Copyright Law, Kluwer Law International (last edition)

- GARROTE FERNÁNDEZ-DÍEZ, I, and MINERO ALEJANDRE, G., European Challenges in Intellectual Property Law, Bubok (last edition).

- IBBETSON, D.J. and BELL, J: European legal development. The case of tort. Cambridge University press (last edition)

- SÁNCHEZ ARISTI, R., MORALEJO IMBERNÓN, N, and LÓPEZ MAZA, S., La jurisprudencia del Tribunal de Justicia de la Unión Europea en materia de propiedad intelectual. Análisis y Comentarios. Instituto Derecho de Autor (last edition)

- TORREMANS, P., and STAMATOUDI, I., EU Copyright Law, Edward Edgar (last edition)

- ZIEGLER, K.S., Human rights and private law: privacy as autonomy, Oxford (last edition)

LEGAL MATERIALS:

- Directives on Intellectual Property Law

-Directives on Consumers Law

-European Convention on Human Rights

2. Teaching-and-learning methodologies and student workload

2.1. Contact hours

2.2. List of training activities

3. Evaluation procedures and weight of components in the final grade

3.1. Regular assessment

1.- Continuous assessment method: seminars

It is compulsory to carry out at least 50% of the activities foreseen for this course. The student may get 4 points in total. This mark will be applied not only in the ordinary assessment, but also in the extraordinary one.

Students who want to sign up for this course for the second time, because they didn't pass the subject last year, are not allowed to keep the points they got during the continuous assessment in the foregoing course.

2.- Final exam

2.1.- Requirements to take the final exam (ordinary call)

a) Students have to accomplish the 50% of the activities carried out in Seminars.

b) They have to get 1.2 points over the 4 points that they may obtain in Seminars.

Those students that join the course later will have to justify their late registration. They will have to make up for the tests/activities during the previous sessions. The same assessment method will be applied to them.

2.2.- Object and content

The final exam will be a test with questions about the topics developed during the lectures. Students may get 6 points out of 10.

2.3.- Date and place of examination

See the Schedule of Law School webpage.

3.- Final mark

The final mark will take into account the mark got in seminars (4 points) and the final exam (6 points).

A not graded not will appear in those cases where the students:

-have not taken part in any of the graded activities.

-have taken part in the activities of the course, but they haven't meet the mínimum requirements to take the final test.

-met the requirements to take the final test, but did not take it.

In case of dishonest behaviour, the possibility of not graded is excluded.

3.1.1. List of evaluation activities

3.2. Resit

1.- Requirements for taking the extraordinary exam

There are not attendance requirements to take the extraordinary exam nor a need of a mínimum grade of 1,2 in the continuous assessment (seminars).

2.- Object and content

This exam will have the same characteristics of the exam done in the ordinary assessment.

A not graded note will appear in those cases where the students who did not take it.

In case of dishonest behaviour, the possibility of not graded is excluded.

3.- Date and place of examination

See the Schedule of Law School webpage.

3.2.1. List of evaluation activities

4. Proposed workplan

TEACHING METHODS

A. Lectures

The Lecturer shall introduce and explain the subject matter of each class according to the program contained in this guide.

Students shall prepare the clases in advance by reading the basic bibliography contained in this guide.

The Lecturer shall explain the main issues related with each one of the selected Judgments of the ECJ and the ECHR. The Lecturer's explanations should not be very detailed to allow the students to achieve a further knowledge by reading the recommended bibliography. Therefore, before attending clases, students should have read in advance all these materials which will be mostly available on the Moodle page.

B. Seminars

There will be four seminars during the semester. The first two will be devoted to sit an exam about the contents that had been explained so far. These exams could have a multiple choice part and/or an open question about any (or some) of the ECJ judgments and the problems that may arise from them in the terms that had been discussed in class. The last two seminars will be devoted to oral presentations carried out by the students.

Students can get a máximum of 4 points in seminars (out of the 10 of the final grade).