Course: COMMERCIAL LAW

Type of course: compulsory

Year/semester: 2IB
Lectures/seminars: 2/0 Credit 3
Time, Place: Tuesday 14:15 – 17:25, Prokopova, Room 101
Assessment: credit entry
Lecturer: JUDr. Radka MacGregor Pelikánová, Ph.D., LL.M., MBA
E-mail: radka.macgregor@mup.cz

Office hours: Tuesday 17:25 – 17:55, Prokopova, Room 101

Wednesday 15:30 – 16:00, Prokopova, Room 101

Course description: This course aims to expose the student to the most
significant law branch for the business and business conduct – to commercial
law. Mastering, or at least being aware about key features of commercial law is
a must and not only for each and every businessperson in the 21st century. The
course aims to provide a general overview of the sphere of commercial law
while presenting both perspectives – common law and continental law.
The course explains the definition of commercial law and acquaints students
with the fundamental concepts and principles in historical, geographical and
political contexts. The scope of the course includes especially the distinction of
the Public law and Private law, the law regulation of business forms and their
creation and operation, contracts, torts and competition (both anti-monopoly and
unfair competition) regulation, intellectual property legal aspects, etc. The
substantive law presentation will be complemented by the procedural law
presentation and the adjudication v. ADR will be discussed. Important
commercial cases will be used to demonstrate the acquired knowledge and
skills.
The key authorities and organizations creating, shaping, applying and
interpreting as well as enforcing commercial law will be not omitted.
Thus, the course covers the national, EU and international dimensions of the
Public and Private legal regulation of the commerce in the large sense and

Metropolitní univerzita Praha, o.p.s.

Dubečská 900/100
100 31 Praha 10 – Strašnice
Tel. 274 815 044, 274 821 235 fax 274 817 190  www.mup.cz  info@mup.cz
provides a number of practical examples and scenarios from commercial life law
issues in the 21st century.
In addition, this course facilitates the approach to interdisciplinary issues,
supports the development of students´ research and presentation skills and, in
general, helps with an increase in the general awareness in the postmodern
society.

Course objectives: Upon completion of this course, students should be able to:
 Comprehend and have a clear understanding of the meaning, nature,
functions and reach of the commercial law and its key concepts and
priorities.
 Appreciate the various perspectives vis-à-vis commerce and the (lack of)
need to regulate/protect it – continental law and common law.
 Become aware about the enforcement issues related to commercial law.
 Appreciate the key role of commercial law for the International Trade.
 Balance and reconcile the commercial and other law disciplines and
branches, e.g. constitutional law, competition law, IP law, etc.
 Understand and analyze critical challenges and issues related to various
aspects of commerce and its conduct, such as creating a company, entering
into a contract, dealing with torts, facing public authorities and their
demands.
 Place in context and lend perspective to the acquired knowledge and skills
and enhance awareness about critical issues, so as to improve their capacity
to identify the most important aspects, and to provide basic as well as
advanced evaluation and research skills, etc.

Course requirements and grading:

Attendance:
Regular and active attendance of lectures and seminars is necessary and
expected. Presence at each lecture and seminar will be recorded rigorously, the
intensity of the activity will be considered.

Individual project:
Each student will choose a particular and currently highly relevant commercial
law issue, research academic articles about it and submit one and be ready to
present it in front of the class.

Metropolitní univerzita Praha, o.p.s.

Dubečská 900/100
100 31 Praha 10 – Strašnice
Tel. 274 815 044, 274 821 235 fax 274 817 190  www.mup.cz  info@mup.cz
Team project:
Students will form teams of 3 – 4 members. Each team should prepare a pptx (at
least 15 slides!) or prezi presentation about a particular and highly relevant
competition law issue and present it in front of the class.

Credit entry:
To successfully complete the course and gain the credit entry, each student has
to meet all three above mentioned requirements, i.e. to (i) have at least 80%
attendance with a reasonable level of activity, (ii) complete the individual
project, and (iii) complete the team project. If a student is unable to satisfy all
these three cumulative requirements, he or she has to contact ahead of time the
lecturer and ask for an individual plan.

Course content

1. Introduction to the Law and to the dichotomy of the Public Law and Private
law.

2. Definition, nature and functions of Commercial law in the continental

perspective and common law perspective (UCC).

3. Trade licenses and Business forms and their law regulation.

4. Contracts – content requirements.

5. Contracts – form requirements.

6. Torts and extra-contractual liability.

7. Competition and its protection – antimonopoly and unfair competition.

7. Current unfair competition law in the USA, EU and in the Czech Republic.

8. Commercial law v. Constitutional law, Criminal law, IP law, e-commerce,

etc.

9. Commercial law v. International public law and International private law

10. Guest lecture.

Metropolitní univerzita Praha, o.p.s.

Dubečská 900/100
100 31 Praha 10 – Strašnice
Tel. 274 815 044, 274 821 235 fax 274 817 190  www.mup.cz  info@mup.cz
11. Team presentations.

12. Team presentations.

13. Class group discussion.

14. Review

Mandatory readings:
 TBD
 Barnes, James, Dworkin, Terry Moreahead, Richards, Eric L. Law for
business, 12th ed., New York: McGraw-Hill Education, 2015 1032 p.
ISBN 9781259254215
 MacGREGOR PELIKÁNOVÁ, Radka. Introduction to law for business.
1st Edition. Ostrava, CZ: Key Publishing, 2012. ISBN 978-80-7418-137-
5.
 MacGREGOR PELIKÁNOVÁ, Radka. The unbearable lightness of
imposing e-commerce in a vertical agreement setting. Antitrust – Revue of
Competition Law, 2015, 3, 68-76. ISSN 1804-1183.
 MacGREGOR PELIKÁNOVÁ, Radka. Divergence of antitrust
enforcements – where, and where not, to collude. Antitrust – Revue of
Competition Law, 2014, 2, i-viii. ISSN 1804-1183.

Internet resources:

 https://en.wikipedia.org/wiki/Outline_of_commercial_law
 http://ec.europa.eu/internal_market/e-commerce/directive/index_en.htm
 http://ec.europa.eu/competition/
 https://www.uohs.cz/en/homepage.html

Additional readings:

Postings.

Metropolitní univerzita Praha, o.p.s.

Dubečská 900/100
100 31 Praha 10 – Strašnice
Tel. 274 815 044, 274 821 235 fax 274 817 190  www.mup.cz  info@mup.cz