Details - Tematika

General and economic law (MAGABAN-GENECLAW-1)

Basic data

Name and type of the study programme

Business administration and management, undergraduate program

Curriculum

2024

Classes / consultation hours

2 + 0 + 0 (L+S+Labs)

Credits

5 credits

Theory – Practice

Theory: 100%, Practice: 0%

Recommended semester

Semester 1

Study mode

full-time

Prerequisites

Evaluation type

Colloquium

Course category

Compulsory

Language

English

Instructors

Responsible instructor

Kárpáti József dr.

Responsible department

Menedzsment és Üzleti Jogi Tanszék

Instructor(s)

Kárpáti József dr., Kálmán Botond Géza

Checked by

Kálmán Botond Géza

Course objectives

Course content

Lectures

The aim of the course is to provide fundamental knowledge that focuses on understanding, analyzing, and applying legal processes and economic relationships within organizations and institutions. This will primarily be done from the perspective of key management functions—planning, organizing, directing, and controlling. The objective of the course is for students to become familiar with the basics of legal systems, legal hierarchies (internal corporate characteristics), as well as the external environment in which organizations operate. The course will emphasize management roles and functions, particularly focusing on planning and organizing. The course enhances the ability to understand complex relationships, develop a systematic approach to problem-solving, and lays a foundation for more specialized courses related to specific areas of law and business operations. Students will also develop a deeper understanding of how these areas interconnect. Each key topic is followed by practical exercises, allowing students to learn through real-life examples. The knowledge material to be mastered: 1. Introduction to Law (Kárpáti J.) a. Overview of the course, objectives, and assessment methods. b. What is law? Definition, purpose, and functions of law in society. c. History of law in Europe and in Hungary d. Introduction to major legal systems: Civil Law, Common Law, Religious Law, and Customary Law. e. Discussion on the different sources of law. 2. Sources of Law, Legal Systems, Public law (Kárpáti J.) a. Primary and secondary sources of law: Constitutions, statutes, regulations, case law, and customary law. b. Overview of legal systems in Hungary and their place within the broader European context. c. Parliamentary sovereignty d. Separation of powers e. The key functions of Parliament f. The executive g. Structure and functions of courts: Hierarchies and jurisdictions. h. Differences between trial and appellate courts. 3. Property Law (Kárpáti J.) a. Fundamentals of property law: Types of property and property rights. b. Transfer of property and legal interests. c. International perspectives on property law. d. Case studies on property disputes. e. Group activity on drafting property agreements. 4. Contract Law I (Kárpáti J.) a. Basics of contract law: Formation, elements, and enforcement. b. Types of contracts and key contractual terms 5. Contract Law II (Kárpáti J.) i. Breach of contract and remedies. ii. Workshop on drafting simple contracts. iii. Case studies on breach of contract and dispute resolution. 6. (Kálmán B. G.) a. Legal Reasoning and Interpretation i. Principles of legal reasoning and interpretation. ii. Methods of statutory interpretation: Literal, golden, and purposive approaches. iii. Role of precedent in Common Law systems. iv. Comparative analysis of the Hungarian legal system with other European legal systems. v. Group activities on interpreting statutes using different methods. vi. Discussion on the role of judges in legal interpretation. b. International sources of law: Treaties, conventions, and customary international law. i. Practical exercises on identifying and interpreting different sources of law. ii. Case study on a specific international treaty and its impact on national law. 7. (Kálmán B. G.) a. Corporate and Commercial Law i. Introduction to corporate law: Types of business entities, formation, and governance. ii. Basics of commercial law: Sales, trade, and international commercial practices. iii. Role-play exercise on corporate negotiations. iv. Analysis of international commercial arbitration cases. b. European economic law I i. Free movement of persons ii. Free movement of persons and posted workers iii. Freedom of services, freedom of establishment iv. Free movement of capital v. Bhopal case vi. Rana Plaza (a.k.a. Savar building collapse) case vii. US Standards for Reformulated and Conventional Gasoline (WTO dispute) 8. European economic law II (Kálmán B. G.) a. Common commercial policies b. Consumer protection c. Competition law in the EU d. Liability of businesses e. Directive on Consumer Rights Protection 2011/83/EU f. C-8/74 Dassonville g. C-120/78 Cassis de Dijon h. C-379/87 Groener i. C-379/09 Casteels j. C-341/05 Laval k. C-346/06 Rüffert l. C-55/94 Gebhard m. C- 81/87 Daily Mail n. C-213/89 Factortame o. C-210/06 Cartesio p. C-293/83 Gravier q. C-159/90 Grogan r. C-370/05 Festersen s. C-112/05 Commission v Germany t. C-281/12 Trento Sviluppio

Acquired competences

Knowledge

Knowledge – Understands the fundamental and comprehensive concepts, theories, and facts of law, both in national and international contexts. This includes the key legal actors, functions, and processes relevant to the legal system. – Has knowledge of the basic principles and methods for establishing organizations and institutions, as well as their structure, organizational behavior, and how they evolve. – Understands the principles and methodologies related to the management, organization, and operation of legal processes, including the methods of analyzing legal processes and the fundamentals of decision-making and decision-support. – Possesses foundational knowledge of legal leadership, project management, and the preparation, initiation, and management of small to medium-sized legal entities or organizations. – Holds a solid grasp of the essential legal vocabulary in their native language and at least one foreign language. Skills – Plans, organizes, manages, and controls legal activities and projects, as well as smaller legal entities or organizations. – Uses the theories and methods learned to uncover, organize, and analyze legal facts and fundamental relationships, draws independent conclusions, makes critical observations, prepares decision-support recommendations, and makes decisions, even in partly unknown national or international environments. – Is capable of determining the complex consequences of legal processes and organizational events. – Collaborates effectively with representatives from other fields of expertise. – Participates in projects and group problem-solving activities; after acquiring practical knowledge and experience, takes on leadership roles in organizing, evaluating, and overseeing activities. – Is capable of leading small to medium-sized legal entities or managing units within larger organizations after gaining practical experience. Attitude – Demonstrates a problem-sensitive, proactive approach to ensure quality work, and shows constructive, collaborative, and initiative-taking behavior in projects or group tasks. – Is open to changes in the broader legal, economic, and social environment of the workplace or organization, and strives to follow and understand these changes. – Is committed to lifelong learning, both within and outside the legal profession. Autonomy and responsibility – Performs and organizes tasks defined in job descriptions independently, under general professional supervision. – Takes responsibility for their analyses, conclusions, and decisions. – Independently leads, organizes, and directs units within legal organizations or smaller legal entities, assuming responsibility for the organization and its staff. – Organizes, directs, and controls legal activities in accordance with their qualifications within legal organizations. – Carries out tasks independently and responsibly as a member of legal projects, teamwork, or organizational units.

Skills

- Follows and interprets global economic and international trends in finance and changes in economic policy and related policies. - Able to determine the complex consequences of economic processes and organizational events. - Able to use a professional foreign language at an intermediate level.

Attitude

- Is open to changes in the broader economic and social environment of the given job, work organization, or enterprise and strives to follow and understand the changes. - Accepts the opinions of others towards sectoral, regional, national and European values (including social, social, ecological, and sustainability aspects).

Autonomy and responsibilities

- Under general professional supervision, independently performs and organizes the tasks specified in the job description. - Organizes, manages and controls economic activity in a business organization and in an economic job role according to his qualifications.

Additional professional competences

Not relevant.

Requirements, evaluation and grading

Mid-term study requirements

1. Class Participation (15%): Actively participate in lectures and seminars, demonstrating engagement with course material and contributing to discussions. 2. Midterm Exam (25%): on week 6 of the study period. A written exam testing understanding of the first six weeks of course content, including both multiple-choice questions and short essays. 3. Research Paper (30%): A ca. 2000-word paper (body text ca. 1500) on a legal topic related to international or universal legal principles. The paper must include: o A clear thesis statement. o Critical analysis of legal issues. o Use of international or comparative legal sources. o Proper citation and referencing.

Exam requirements

4. Final Exam (30%): last class or exam period. A comprehensive written exam covering all course material. The exam will consist of multiple-choice questions, short answer questions, and essay questions requiring critical analysis and synthesis of course concepts

Generative AI usage

Use of GAI tools is permitted in a limited manner (e.g., for literature search support or specific tools). In this case, the course instructor is responsible for defining where and how GAI tools may be used in assignments. The course description must specify in detail how GAI tools may be used during the course.

Study aids, laboratory background

Not relevant in this course.

Readings

Compulsory readings

– Currier, K. A., Eimermann, T. E., & Campbell, M. S. (2023). Introduction to Law for Paralegals: A Critical Thinking Approach. Aspen Publishing. – Davidson, D. V., Forsythe, L. M., & Holland, N. A. (2023). Business Law: Principles and Cases in the Legal Environment. Aspen Publishing. – Glavanits, J., Horváthy, B., & Knapp, L. (2019). EU Business Law and Digital Revolution: Selected Studies from New Fields of Technology.