747A21 · 7.5 credits · Advanced level (A1N) · Affärsrätt
Comparative Law
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Part of 2 programmes
About the course
Aim
After completing the course, students will be able to - To describe either the BGB or the Civil Code respectively “Zivilprozessordnung” or the “Nouveau Code de Procédure Civile” - Or to describe the specific method of argumentation used in the legal systems of the "common law", particularly with regard to "torts" and to describe the basics of the English civil procedure in court - Apply the legal method called legal comparativism and sketch the difficulties associated with its use - Account for the Swedish national legal system in the abovementioned respects and that a certain goal can be achieved by different legal means, differences due to divergancies in historical, economic and social conditions in general.
Content
Based on the legal systems of four countries systems concerning time bars for legal claims (German, French, English and Swedish law) there are outlooks in two directions: first, into the civil law regarding the ways in which a claim may rise, claims which are subject to limitation, and in procedural law. Legal proceedings are of course a prerequisite for an objection concerning the application of a time bar. From a civil law point of view ways are studied in which a claim may arise. The claim will have its roots in private law, especially the law of torts and the objection concerning limitation will concern limitation of private law claims.
- Examiner
- Herbert Jacobson
- Main field of study
- Affärsrätt