The Department of Commercial Law, Financial Law and Maritime and General Transport Law
Staff:
Dubravka Akšamović, PhD, Full Professor
Lidija Šimunović, PhD, Assiatant Professor
Courses:
- UNDERGRADUATE STUDIES (Undergraduate graduate degree):
Introduction to business law - compulsory subject on the 3th year
- GRADUATE STUDIES (Integrated undergraduate/graduate degree):
Commercial law - compulsory courses - on the 3th year (8 ECTS)
Company law - compulsory courses - on the 4th year (7 ECTS)
+ The Commercial Module courses (5th year):
Compulsory courses:
- Insurance law
- EU Company law
- Competition law
Optional courses:
- Bankruptcy law
- Industrial property law
- Securities law
+ Erasmus courses:
- EU and Croatian Competition Law
- Business Law Course
- EU Company Law
- DOCTORAL STUDIES (PhD) :
Compulsory courses:
- Transnational commercial law (1st year)
- Competition law (2nd year)
- Payments and secured business transactions (3th year)
- CLINICAL EDUCATION
Legall clinic provides legal and economic counseling to local entrepreneurs and as such represents a unique example in the world. It was founded in 2014 as a interdisciplinary legal clinic in the cooperation between the Department of Commercial and Company Law at Faculty of Law in Osijek and the UNESCO Department of Entrepreneurship at the Faculty of Economy in Osijek. The Clinic has support of Local Business Incubator BIOS, Centre for Entrepreneurship in Osijek and Croatian Bar Association in Osijek.
The main reason for the establishment of clinical education is to teach students the practical implementation of theoretical knowledge in practice. Our students are divided in the teams. Each team has two supervisors, a jurist and an economist. Students provide free legal and economic counseling to local entrepreneurs with research, drafting legal arguments, solving problems and meetings with new clients every Wednesday at 12 o’clock. Currently, there are about 80 students working under the Clinic on specific cases in teams of five students (three of law students and two students of economics).
Short description of the courses:
EU and Croatian Competition Law
Course will deal with concept and content of European and Croatian Competition law. Competition law is one of the most important fields of EU policy. Students will be introduced in overall and complex system of EU competition rules, including all three areas of competition law- mergers, abuse of dominant position and cartels. Particular attention will be paid to system of enforcement and sanctions of undertakings. Also, Croatian Competition law will be analyzed. Appropriate comparison between Croatia and EU Competition Law will be explored during the course.All this in light of latest and most significant court decisions.
EU Company Law
Course will explore legislative and other developments in area of EU Company Law. Special attention will be given to process of harmonization of Company Law through directives. So, far Council issued 18 directives in area of Company law and had undertaken number of other measures aimed at modernization of Company Law.
At the Course, so called “modernization framework “ will be analyzed. Also, student will be introduced in Societas Europea or European Company as the only European company.
Business Law Course
Course will explore selected issues from two areas of modern Croatian Business law- Company law and Commercial business transactions. Special attention will be paid at comparative topics such as company types, corporate governance issues, protection of shareholders or/and new trends in EU and Croatian contract law. Also, the most important business transaction will be discussed, such as leasing, distribution contracts, joint-venture contracts, factoring, franchising. Separate topic will be secured transactions.
Commercial law
Course is divided into four units:
- The concept of commercial law,
- The general about commercial contracts (pre-contractual phase , conclusion of the contract, fulfillment and breach of contract),
- Particular commercial contracts,
- Securities law
Company law
Course is divided into five units:
Modern company law in Croatia
- Types of business entities in Croatia
- Partnership, companies without share capital, companies limited by shares, corporation
- Corporate restructuring (mergers and acquisitions, short form merger, etc.)
- Dissolution, Bankruptcy
Insurance law
The course intends to introduce students the concept of insurance, insurance in Croatia, sources of insurance law, principles of insurance, insurance contract, the types of insurance, reinsurance , mutual insurance, economic purpose of insurance, the technique of concluding an insurance contract and the realization, etc.
European company law
The course provide knowledge about European law companies and the definition of the term, the development of European company law, the content of European company law, harmonization of EU member states company law, EU company law directives, etc.
Competition law
The course deals with the competition rules with special attention to the competition law in the European Union and the prevention of abuse of monopoly position and forbidden concentrations in Croatia. The aim of the course is to train students for the application of the rules of free competition and the protection thereof. The concept of the market systemic position, and the legal concept of competition, the relationship of competition law and other branches of law, historical development of competition law, sources of competition law, regulations of competition law in the world, sources of competition law in Croatia and EU competition law, antitrust law in USA.
Bankruptcy law
The objectives and basic principles of bankruptcy law; legal sources; bankruptcy reasons, bankruptcy proceedings, preliminary proceedings, legal consequences of the bankruptcy proceedings, pre-bankruptcy settlement; bankruptcy plan; an international bankruptcy etc. Bankruptcy law is very complex in its structure and includes knowledge of commencing of pre-bankruptcy settlement and bankruptcy proceedings. Course deals with implementation and rules relating to the body of the pre-bankruptcy settlement and bankruptcy proceedings, participants, etc.
Intellectual property law
The law of intellectual property encompasses the areas of patents, copyright, trademark and industrial design rights. The course presents comparisons of what can and cannot be protected, and what rights the owner does and does not obtain. The course is divided into six units: introduction; comparative overview of patents, copyrights, trade secrets, and trademarks according to Croatia, EU and international protecting system; requirements and limitations of patentability; the process of applying for a patent ("patent prosecution") in Croatia, EU and international application; actions for patent infringement ; other important issues.
Securities law
The course deals with the concept of securities; sources of securities law; general principles of securities law, economic function and importance of securities, the main types of securities –bill of exchange, cheques, stocks, bonds, bill of lading, insurance policies etc.; market and trading securities; securities as stock market goods; etc.
