NOTICE BOARD:
Foundations of European Private Law
Foundations of European Private Law
Study: Civil Law - 9. semester
Commercial Law - 9. semester
Constitutional-Administrative - 9. semester
Criminal Law - 9. semester
International Law - 9. semester
The European Union Law - 9. semester
Code: 79164
ECTS: 4.0
Course coordinators: prof. dr. sc. Tatjana Josipović
Lecturers: prof. dr. sc. Marko Baretić - Lectures
izv. prof. dr. sc. Hano Ernst - Lectures
prof. dr. sc. Igor Gliha - Lectures
doc. dr. sc. Ivana Kanceljak - Lectures
prof. dr. sc. Saša Nikšić - Lectures
Exam dates:
  • 03. 02. 2020.
  • 17. 02. 2020.
  • 20. 04. 2020.
  • 08. 06. 2020.
  • 23. 06. 2020.
  • 07. 07. 2020.
  • 07. 09. 2020.
  • 21. 09. 2020.
Exam registration: Studomat
Basic data
Foundations of European Private Law Civil Law - 9. semester
Commercial Law - 9. semester
Constitutional-Administrative - 9. semester
Criminal Law - 9. semester
International Law - 9. semester
The European Union Law - 9. semester
4.0 79164
Lecturer in charge Consultations Location
prof. dr. sc. Tatjana Josipović

Tuesday 16:00 - 17:30

Trg Republike Hrvatske 3, room 34/II
Lecturer Consultations Location
prof. dr. sc. Marko Baretić (Lectures)

Tuesday 16:00 - 17:30

Trg Republike Hrvatske 3, room 26/II
izv. prof. dr. sc. Hano Ernst (Lectures)

Tuesday 16:00 - 17:30

Trg Republike Hrvatske 3, room 35/II
prof. dr. sc. Igor Gliha (Lectures)

Tuesday 16:00 - 17:30

Trg Republike Hrvatske 3, room 31/II
doc. dr. sc. Ivana Kanceljak (Lectures)

Wednesday 15:00 - 16:30

Trg Republike Hrvatske 3, room 6, prizemlje
prof. dr. sc. Saša Nikšić (Lectures)

Tuesday 16:00 - 17:30

Trg Republike Hrvatske 3, room 30/II
Literature
Hartkamp, A.S.: European Law and National Private Law, Intersentia, Cambridge, 2016;
Josipović, T.: Challenges to Civil Law Harmonization by Directives, Civil Law Forum for South East Europe, GTZ, 2010;
Reich, N.; General Principles of EU Civil Law, Intersentia, Cambridge, 2014;
Twigg-Flesner, C.: The Cambridge Companion to European Union Private Law, Cambridge University Press, Cambridge, 2010.;
Legal text: Consumer Protection Act ("Official Gazette" No.: 41/2014, 110/2015, 14/2019);
Legal text: Obligations Act ("Official Gazette" No.: 5/2005, 41/2008, 125/2011, 78/2015, 29/2018);
Description
What is this course about?

Private law, as a branch of law governing the legal status and mutual relations of free and equal individuals, is an extremely important area of harmonization of the laws of the Member States of the European Union.

The aim of the course is to introduce all students to the specifics of private law in the European Union. During the course, special emphasis shall be placed on the application of EU law in the area of private law relationships and thereto-related contentious issues arising in harmonization of national private law with EU law. The course deals with those areas of private law, which are particularly developed by the EU law, such as contract law, copyright, liability for damages, consumer contract law, remedies, etc. Furthermore, particular emphasis is placed on the function of private law for the development of the digital market by addressing topics related to electronic formation of contracts, blockchain technology, use of platforms for formation of contracts, etc.

The course will prepare you to master the terminology used in EU private law, it shall familiarize you with the legal sources of EU private law, the specific principles of EU private law, the case law of the Court of Justice, and it shall help you understand the process of harmonization of European law as well as current problems in harmonization.

The goal of the course is to develop the following skills with each student:

- Definition and understanding of the legal sources and certain concepts and notions of European private law (introduction and principles, contractual aspects of electronic commerce, consumer protection, intellectual property, European contract law).

- Understanding of the structure of the European private law and difference between the structure of the European private law and Member States national private laws.

- Understanding of the application of European private law in private law relationships.

- Understanding of the rules of the European contract law.

- Understanding of the EU rules related to the liability for damages and tort law with a special emphasis on the rules related to the liability for the defective products and liability for damages related to the electronic formation and enforcement of contracts.

- Understanding of the rules of EU copyright and related rights law.

- Understanding of basic property law aspects of the European private law and current EU inheritance law rules.

- Understanding of the functioning and private law regulation of digital markets.


How will the lectures be organized?

The lectures shall be interactive and based on active dialogue with the students. All materials used on lectures (including lecture presentations) shall be delivered on the e-mail addresses that students provided.

The lectures shall be organized on Mondays pursuant to the timetable provided hereunder. The lectures shall take place in the premises of the Faculty of Law, Trg Republike Hrvatske 3, 2nd floor, room 33 at 16.00h - 20.00h.


Which themes shall we study within this course?

Within this course, the following themes shall be covered in accordance with the following timetable:

21.10. Doc. dr.sc. Kanceljak (Legal remedies of the contract law)

28.10. Izv.prof. dr.sc. Matanovac Vučković (Industrial property)

4.11. Prof. dr.sc. Nikšić (Formation of contracts)

11.11. Prof. dr.sc. Nikšić (Liability for damages)

18.11. Prof. dr.sc. Gliha (Copyright law)

25.11. Prof. dr.sc. Josipović (EU contract law)

2.12. Prof. dr.sc. Josipović (Inheritance law / Harmonization process)

9.12. Prof. dr.sc. Baretić (Tort law)

16.12. Izv.prof. dr.sc. Ernst (Property law)



How will the final exam be organized?

Final exam shall consist of a written essay on one of the topics discussed in the lectures followed by an oral discussion on the topic of the essay. The exact date of the final exam as well as the topics for the essay shall be determined in agreement with the lecturers. After the topic and the essay have been approved, there will be an oral exam in the form of discussion of the topic of the essay with the lecturer.


What literature should the students study to successfully pass this course?

Hartkamp, A.S.: European Law and National Private Law, Intersentia, Cambridge, 2016
Josipović, T.: Challenges to Civil Law Harmonization by Directives, Civil Law Forum for South East Europe, GTZ , 2010;
Reich, N.; General Principles of EU Civil Law, Intersentia, Cambridge, 2014;
Twigg-Flesner, C.: The Cambridge Companion to European Union Private Law, Cambridge University Press, Cambridge, 2010.

Legal texts:
Consumer Protection Act ("Official Gazette" No.: 41/2014, 110/2015, 14/2019)
Obligations Act ("Official Gazette" No.: 5/2005, 41/2008, 125/2011, 78/2015, 29/2018)
Exam dates
03. 02. 2020.
17. 02. 2020.
20. 04. 2020.
08. 06. 2020.
23. 06. 2020.
07. 07. 2020.
07. 09. 2020.
21. 09. 2020.
Detailed data
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[^] Lecture Published 2015-10-07 at 15:55  ( Iva Kuštrak Managić )