SECTION I: GENERAL INFORMATION ABOUT THE COURSE |
| Course Code | Course Name | Year | Semester | Theoretical | Practical | Credit | ECTS |
| LOG6305 | Commercial Law | 0 | Spring |
3 | 0 | 3 | 6 |
| Course Type : | Elective Course VII |
| Cycle: | Bachelor TQF-HE:6. Master`s Degree QF-EHEA:First Cycle EQF-LLL:6. Master`s Degree |
| Language of Instruction: | English |
| Prerequisities and Co-requisities: | N/A |
| Mode of Delivery: | Face to face |
| Name of Coordinator: | Instructor NIGAR BABAYEVA |
| Dersin Öğretim Eleman(lar)ı: | |
| Dersin Kategorisi: |
SECTION II: INTRODUCTION TO THE COURSE |
| Course Objectives: | The aim of the Commercial Law subject is to provide students with a comprehensive understanding of the legal principles, rules, and practices that govern commercial transactions and business activities. It seeks to equip learners with the knowledge required to identify and address legal issues in the commercial context, including contracts, sale of goods, agency, negotiable instruments, and business structures. The subject also aims to develop students' analytical and problem-solving skills to apply legal concepts effectively in real-world business scenarios and to promote ethical and lawful conduct in commerce. |
| Course Content: | Week 1: Introduction to Commercial Law Week 2: Law of Contract – Basics Week 3: Law of Contract – Performance and Breach Week 4: Law Relating to Sale of Goods – Part I Week 5: Law Relating to Sale of Goods – Part II Week 6: Law of Agency – Part I Week 7: Law of Agency – Part I Week 8: Negotiable Instruments Law – Part I Week 9: Negotiable Instruments Law – Part II Week 10: Partnership Law – Part I Week 11: Partnership Law – Part II Week 12: Company Law – Basic Concepts Week 13: Company Management & Consumer Law Week 14: Emerging Issues & Revision |
| 1. Attendance Requirement Students are required to attend at least 70% of the classes. Attendance will be monitored through roll calls. Unexcused absences may negatively affect the final grade. 2. Punctuality Classes will start on time; latecomers may not be allowed to enter. Leaving the classroom during the lecture is only acceptable in emergency situations. 3. Preparation Before Class Students are expected to read the relevant materials before coming to class. Reading materials and case studies will be shared in advance. 4. Classroom Behavior and Ethics Active participation is encouraged, but discussions must remain relevant to the course content. Mobile phones must be set to silent and should not be used unless necessary. Respectful and academic language must be used at all times. 5. Exams and Assessment Rules Cheating, plagiarism, or any other form of academic misconduct will result in serious disciplinary action. Late arrivals to exams will not be granted extra time. Evaluation criteria will be explained at the beginning of the semester and applied accordingly. 6. Assignment Submission Rules All assignments must be submitted by the stated deadline. Late submissions may result in point deductions or may not be accepted. Proper citation and academic honesty are mandatory in all assignments. 7. Communication and Office Hours Students may contact the instructor via email or during designated office hours for academic inquiries. Emails should include a clear subject line and use formal language. 8. Group Work and Presentations Equal contribution is expected from all members in group projects. Presentation dates will be announced in advance and cannot be changed. |
| Knowledge (Described as Theoritical and/or Factual Knowledge.) | ||
| Skills (Describe as Cognitive and/or Practical Skills.) | ||
| Competences (Described as "Ability of the learner to apply knowledge and skills autonomously with responsibility", "Learning to learn"," Communication and social" and "Field specific" competences.) | ||
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1) Understand the basic concepts and scope of commercial law. |
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2) Comprehend the elements and types of contracts |
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3) Evaluate legal consequences of performance and breach of contracts. |
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4) Learn the basic rules related to the sale of goods. |
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5) Understand special cases and legal consequences in sales contracts. |
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6) Understand the basic concepts of agency law and the rights and obligations of parties |
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7) Learn disputes arising in agency relationships and their resolutions |
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8) Recognize the concept and types of negotiable instruments |
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9) Understand the transfer and liabilities of negotiable instruments |
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10) Learn types and characteristics of partnerships |
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11) Comprehend the formation, management, and dissolution of partnerships. |
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12) Acquire knowledge about types and basic structures of companies |
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13) Gain awareness of corporate governance principles and consumer rights. |
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14) Follow current developments in commercial law and consolidate overall knowledge. |
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| Week | Subject | ||
| Related Preparation | Further Study | ||
| 1) | Introduction to Commercial Law | ||
| 2) | Law of Contract – Basics | ||
| 3) | Law of Contract – Performance and Breach | ||
| 4) | Law of Contract – Performance and Breach | ||
| 5) | Law Relating to Sale of Goods – Part II | ||
| 6) | Law of Agency – Part I | ||
| 7) | Law of Agency – Part II | ||
| 8) | Negotiable Instruments Law – Part | ||
| 9) | Negotiable Instruments Law – Part II | ||
| 10) | Partnership Law – Part I | ||
| 11) | Partnership Law – Part II | ||
| 12) | Company Law – Basic Concepts | ||
| 13) | Company Management & Consumer Law | ||
| 14) | Emerging Issues & Revision | ||
| Course Notes / Textbooks: | Internatıonal Trade Law Indıra Carr,Fourth edition. Prof.Dr.Ayşe Nur Berzek Ticaret Hukukunun Genel İlkeleri, 11.baskı Adolf Berle-Gardiner Means (1932).The Modern Corporation and Private Property.US: Transaction Publisher. Ahmed Naciri (2008).Corporate Governance Around the World. New York: Routledge Press. Adrian Davias (1999). A Strategic Approach to Corporate Governance. Great Britain: Cambridge University Press. Adam Smith (2005).An Inquiry Into The Nature and Causes of the Wealth of the Nations.USA: The Pennsylvania State University Press. Bob Tricker (2012).Corporate Governance: Principles, Policies and Practices. Great Britain: Oxford University Press. Christine Mallin (2012).Handbook On International Corporate Governance: Country Analyses.2nd edition, UK: Edward Elgar Publishing Inc. Felix Lopez Iturriaga (2009).Codes of Good Governance Around the World. New York: Nova Science Pub Inc. Institute of Directors (2005).The Handbook of International Corporate Governance: A Definitive Guide: A Country by Country Guide.UK: Kogan Publisher. Jonathan Macey (2008).Corporate Governance: Promises Kept, Promises Broken. New Jersey: Princeton University Press. Lewis Black (2007).Why corporations choose Delaware USA: Delaware Department of State. Patrick Gaughan (2010). Mergers,Acquisitions and Corporate Restructurings.5th edition.USA: John Wiley & Sons Inc. Press. Reiner Kraakman,John Armour,Paul Davies,Henry Hansmann,Gerard Herdic, Klaus Hopt, Hideki Kand, Edward Rock,Luca Enrique (2009).The anatomy of corporate law: a comparative and functional approach.2nd edition, United Kingdom: Oxford University Press. Thomas Clarke (2007).International Corporate Governance, A Comparative Approach. New York: Routledge Press. Thorstein Veblen (1923).Absentee Ownership: Business Enterprise in Recent Times: the Case of America, New York: Viking Press. Willem Calkoen (2012).The One-Tier Board in the Changing and Converging World of Corporate Governance: A comparative study of boards in the UK, the US and the Netherlands, Netherland: Kluwer. William Orville Douglas, Go East Young Man (1994), New York: Garland. Journal articles Andrei Shleifer - Robert Vishny (1997).”A Survey of Corporate Governance”. Journal of Finance 52.2, pp 737-783. Bruce Aronson (2012).”The Olympus Scandal and Corporate Governance Reform: Can Japan Find a Middle Ground between the Board Monitoring Model and Management Model?” UCLA Pacific Basin Law Journal 30.1, pp 93-148. Edward J. Eberle (2009).”The Method and Role of Comparative Law”. Washington University Global Studies Law Review. 8.3, p 452. Gordon Jeffrey. (2002).”What Enron Means for the Management and Control of the Modern Business Corporation: Some initial reflections”. University of Chicago Law Review 69.3, p1233. Hakan Orbay - Burcin Yurtoglu (2006).”The Impact of Corporate Governance Structures on the Corporate Investment Performance in Turkey”. The Authors Journal Compilation 14.4, pp 349-36. Harwell Wells (2010).”Birth of Corporate Governance”. Seattle University Law Review 33.4, pp 1247-1292. Hillary Sale (2004).”Delaware’s Good Faith”. Cornell Law. Review 89, pp 104-106. Jerzy Grabowiecki (2006).”Keiretsu groups: Their role in Japanese Economy and a reference Point (or a paradigm) for Other Countries”. Visiting Research Fellow Monograph Series N413.Institute of Developing Economies, Japan External Trade Organization. Jonathan Macey - Geoffrey Miller (1991).”Origin of the Blue Sky Laws”. Texas Law Review, 70.2, pp 348-352. Roberta Karmel (1984).”Independent Directors: The Independent Corporate Board: A Means to What End? “, George Washington Law Review, 52.4-5. Sofie Cools (2005). ”The Real Difference in Corporate Law between the United States and Continental Europe: Distribution of Powers”. Delaware Journal of Corporate Law 30.3, pp 697-766. Stijn Claessens-BurcinYurtoglu (2012).”Corporate Governance and Development, An Update”. Focus 10, Global Corporate governance Network, IFC. Yoshikawa, T-McGuire, J. (2008).”Change and continuity in Japanese corporate governance”. Asia Pacific Journal of Management 25.1, pp 5-24. Uma Sridharan, Lori Dickes-Royce Caine (2002).”The Social Impact of Business Failure: Enron”. American Journal of Business, 17.2. |
| References: | Internatıonal Trade Law Indıra Carr,Fourth edition. Prof.Dr.Ayşe Nur Berzek Ticaret Hukukunun Genel İlkeleri, 11.baskı Adolf Berle-Gardiner Means (1932).The Modern Corporation and Private Property.US: Transaction Publisher. Ahmed Naciri (2008).Corporate Governance Around the World. New York: Routledge Press. Adrian Davias (1999). A Strategic Approach to Corporate Governance. Great Britain: Cambridge University Press. Adam Smith (2005).An Inquiry Into The Nature and Causes of the Wealth of the Nations.USA: The Pennsylvania State University Press. Bob Tricker (2012).Corporate Governance: Principles, Policies and Practices. Great Britain: Oxford University Press. Christine Mallin (2012).Handbook On International Corporate Governance: Country Analyses.2nd edition, UK: Edward Elgar Publishing Inc. Felix Lopez Iturriaga (2009).Codes of Good Governance Around the World. New York: Nova Science Pub Inc. Institute of Directors (2005).The Handbook of International Corporate Governance: A Definitive Guide: A Country by Country Guide.UK: Kogan Publisher. Jonathan Macey (2008).Corporate Governance: Promises Kept, Promises Broken. New Jersey: Princeton University Press. Lewis Black (2007).Why corporations choose Delaware USA: Delaware Department of State. Patrick Gaughan (2010). Mergers,Acquisitions and Corporate Restructurings.5th edition.USA: John Wiley & Sons Inc. Press. Reiner Kraakman,John Armour,Paul Davies,Henry Hansmann,Gerard Herdic, Klaus Hopt, Hideki Kand, Edward Rock,Luca Enrique (2009).The anatomy of corporate law: a comparative and functional approach.2nd edition, United Kingdom: Oxford University Press. Thomas Clarke (2007).International Corporate Governance, A Comparative Approach. New York: Routledge Press. Thorstein Veblen (1923).Absentee Ownership: Business Enterprise in Recent Times: the Case of America, New York: Viking Press. Willem Calkoen (2012).The One-Tier Board in the Changing and Converging World of Corporate Governance: A comparative study of boards in the UK, the US and the Netherlands, Netherland: Kluwer. William Orville Douglas, Go East Young Man (1994), New York: Garland. Journal articles Andrei Shleifer - Robert Vishny (1997).”A Survey of Corporate Governance”. Journal of Finance 52.2, pp 737-783. Bruce Aronson (2012).”The Olympus Scandal and Corporate Governance Reform: Can Japan Find a Middle Ground between the Board Monitoring Model and Management Model?” UCLA Pacific Basin Law Journal 30.1, pp 93-148. Edward J. Eberle (2009).”The Method and Role of Comparative Law”. Washington University Global Studies Law Review. 8.3, p 452. Gordon Jeffrey. (2002).”What Enron Means for the Management and Control of the Modern Business Corporation: Some initial reflections”. University of Chicago Law Review 69.3, p1233. Hakan Orbay - Burcin Yurtoglu (2006).”The Impact of Corporate Governance Structures on the Corporate Investment Performance in Turkey”. The Authors Journal Compilation 14.4, pp 349-36. Harwell Wells (2010).”Birth of Corporate Governance”. Seattle University Law Review 33.4, pp 1247-1292. Hillary Sale (2004).”Delaware’s Good Faith”. Cornell Law. Review 89, pp 104-106. Jerzy Grabowiecki (2006).”Keiretsu groups: Their role in Japanese Economy and a reference Point (or a paradigm) for Other Countries”. Visiting Research Fellow Monograph Series N413.Institute of Developing Economies, Japan External Trade Organization. Jonathan Macey - Geoffrey Miller (1991).”Origin of the Blue Sky Laws”. Texas Law Review, 70.2, pp 348-352. Roberta Karmel (1984).”Independent Directors: The Independent Corporate Board: A Means to What End? “, George Washington Law Review, 52.4-5. Sofie Cools (2005). ”The Real Difference in Corporate Law between the United States and Continental Europe: Distribution of Powers”. Delaware Journal of Corporate Law 30.3, pp 697-766. Stijn Claessens-BurcinYurtoglu (2012).”Corporate Governance and Development, An Update”. Focus 10, Global Corporate governance Network, IFC. Yoshikawa, T-McGuire, J. (2008).”Change and continuity in Japanese corporate governance”. Asia Pacific Journal of Management 25.1, pp 5-24. Uma Sridharan, Lori Dickes-Royce Caine (2002).”The Social Impact of Business Failure: Enron”. American Journal of Business, 17.2. |
DERS ÖĞRENME ÇIKTILARI - PROGRAM ÖĞRENME ÇIKTILARI İLİŞKİSİ |
| Ders Öğrenme Çıktıları (DÖÇ) | 1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
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| Program Öğrenme Çıktıları (PÖÇ) | |||||||||||||||||||||||||
| 1) Apart from subjects such as finance, business, economics, management-organization, marketing, sales management, human resources management, which constitute the main subjects of business management, it is also necessary for foreign trade, logistics, supply chain management, customs, insurance and risk management. have the necessary basic information. | |||||||||||||||||||||||||
| 1) Learns and uses the basic information, concepts and theories required in the field of international trade. | |||||||||||||||||||||||||
| 1) Acquires the analyzing solving the problems and managing the conflicts. | |||||||||||||||||||||||||
| 1) Experiences all processes in business life. | |||||||||||||||||||||||||
| 1) Improves analytical thinking, problem solving in organizational issues, time management, self-discipline and communication skills. | |||||||||||||||||||||||||
| 1) Students will be able to benefit from contemporary information technologies and tools in business life, are willing to learn continuously, are open to innovations and can easily adapt to changes. | |||||||||||||||||||||||||
| 2) Takes part in activities related to the field of education in a business operating in the field. | |||||||||||||||||||||||||
| 2) Use information and communication technologies and business applications and international trade in information systems effectively. | |||||||||||||||||||||||||
| 2) Participates as a team member and takes responsibility in the environments that require the solving of the conflicts and acts as a leader when necessary. | |||||||||||||||||||||||||
| 2) Uses problem solving, time management, self-discipline and effective communication skills at work. | |||||||||||||||||||||||||
| 2) Except the core subjects of the business, students have knowledge about leadership, behavioral sciences, communication and entrepreneurship; in the field of service, mathematics, statistics, law, operations research, information processing and management information systems. | |||||||||||||||||||||||||
| 3) Can develop effective management strategies using appropriate theory and methods; plan, co-ordinate, implement and control management processes | |||||||||||||||||||||||||
| 3) Questions the application with theoretical knowledge. | |||||||||||||||||||||||||
| 3) Has awareness for ethical and social responsivity. | |||||||||||||||||||||||||
| 4) By supporting the learnt courses with quantitative and qualitative data; and by using verbal and visual communication means, s/he transfers them to the groups within and outside his/her group in a systematical and effective way. | |||||||||||||||||||||||||
| 4) Compiles the knowledge and experience gained in the field. | |||||||||||||||||||||||||
| 4) Applies the theoretical knowledge in business life during a semester. | |||||||||||||||||||||||||
| 5) S/he acquires the competencies that develop by the expectations of business world and the society defined as the institutional outcomes of our university on the advanced level in relation with his/her field. | |||||||||||||||||||||||||
| 5) Evaluates the norms and standards present in the works in which s/he takes responsibility in a critical point of view. | |||||||||||||||||||||||||
| 6) Develops strategical, innovative and entrepreneurial ideas. | |||||||||||||||||||||||||
| 7) Acquires competence of managing the change. | |||||||||||||||||||||||||
| 8) Shows development personally and socially with and awareness for lifelong learning. | |||||||||||||||||||||||||
| 9) Follows advanced technologies and developments about digital transformation. | |||||||||||||||||||||||||
| 10) Has cultural awareness and s/he transfers this to the groups within and outside his/her field. | |||||||||||||||||||||||||
| 11) Has awareness about citizenship competency. | |||||||||||||||||||||||||
| 12) Acquires communication in a Foreign Language (English) competence defined on the level of at least B1 in European Language Portfolio. (In programs whose medium of instruction is English, on the level of B2/B2+). | |||||||||||||||||||||||||
SECTION III: RELATIONSHIP BETWEEN COURSE UNIT AND COURSE LEARNING OUTCOMES (CLOs) |
| No Effect | 1 Lowest | 2 Low | 3 Average | 4 High | 5 Highest |
| Programme Learning Outcomes | Contribution Level (from 1 to 5) | |
| 1) | Apart from subjects such as finance, business, economics, management-organization, marketing, sales management, human resources management, which constitute the main subjects of business management, it is also necessary for foreign trade, logistics, supply chain management, customs, insurance and risk management. have the necessary basic information. | 3 |
| 1) | Learns and uses the basic information, concepts and theories required in the field of international trade. | 5 |
| 1) | Acquires the analyzing solving the problems and managing the conflicts. | 4 |
| 1) | Experiences all processes in business life. | |
| 1) | Improves analytical thinking, problem solving in organizational issues, time management, self-discipline and communication skills. | 4 |
| 1) | Students will be able to benefit from contemporary information technologies and tools in business life, are willing to learn continuously, are open to innovations and can easily adapt to changes. | 4 |
| 2) | Takes part in activities related to the field of education in a business operating in the field. | 2 |
| 2) | Use information and communication technologies and business applications and international trade in information systems effectively. | |
| 2) | Participates as a team member and takes responsibility in the environments that require the solving of the conflicts and acts as a leader when necessary. | |
| 2) | Uses problem solving, time management, self-discipline and effective communication skills at work. | 4 |
| 2) | Except the core subjects of the business, students have knowledge about leadership, behavioral sciences, communication and entrepreneurship; in the field of service, mathematics, statistics, law, operations research, information processing and management information systems. | 2 |
| 3) | Can develop effective management strategies using appropriate theory and methods; plan, co-ordinate, implement and control management processes | 4 |
| 3) | Questions the application with theoretical knowledge. | 3 |
| 3) | Has awareness for ethical and social responsivity. | 3 |
| 4) | By supporting the learnt courses with quantitative and qualitative data; and by using verbal and visual communication means, s/he transfers them to the groups within and outside his/her group in a systematical and effective way. | 3 |
| 4) | Compiles the knowledge and experience gained in the field. | 4 |
| 4) | Applies the theoretical knowledge in business life during a semester. | 3 |
| 5) | S/he acquires the competencies that develop by the expectations of business world and the society defined as the institutional outcomes of our university on the advanced level in relation with his/her field. | 3 |
| 5) | Evaluates the norms and standards present in the works in which s/he takes responsibility in a critical point of view. | 3 |
| 6) | Develops strategical, innovative and entrepreneurial ideas. | 3 |
| 7) | Acquires competence of managing the change. | 3 |
| 8) | Shows development personally and socially with and awareness for lifelong learning. | 3 |
| 9) | Follows advanced technologies and developments about digital transformation. | 4 |
| 10) | Has cultural awareness and s/he transfers this to the groups within and outside his/her field. | 3 |
| 11) | Has awareness about citizenship competency. | 3 |
| 12) | Acquires communication in a Foreign Language (English) competence defined on the level of at least B1 in European Language Portfolio. (In programs whose medium of instruction is English, on the level of B2/B2+). | 4 |
SECTION IV: TEACHING-LEARNING & ASSESMENT-EVALUATION METHODS OF THE COURSE |
| Lectures | |
| Discussion | |
| Case Study | |
| Problem Solving | |
| Homework | |
| Brain Storming | |
| Questions Answers | |
| Individual and Group Work | |
| Active Participation in Class |
| Midterm | |
| Final Exam | |
| Quiz |
| Measurement and Evaluation Methods | # of practice per semester | Level of Contribution |
| Quizzes | 1 | % 15.00 |
| Midterms | 1 | % 35.00 |
| Semester Final Exam | 1 | % 50.00 |
| Total | % 100 | |
| PERCENTAGE OF SEMESTER WORK | % 50 | |
| PERCENTAGE OF FINAL WORK | % 50 | |
| Total | % 100 | |
SECTION V: WORKLOAD & ECTS CREDITS ALLOCATED FOR THE COURSE |
| WORKLOAD OF TEACHING & LEARNING ACTIVITIES | |||
| Teaching & Learning Activities | # of Activities per semester | Duration (hour) | Total Workload |
| Course | 14 | 3 | 42 |
| Laboratory | 0 | 0 | 0 |
| Application | 0 | 0 | 0 |
| Special Course Internship (Work Placement) | 0 | 0 | 0 |
| Field Work | 0 | 0 | 0 |
| Study Hours Out of Class | 0 | 0 | 0 |
| Presentations / Seminar | 1 | 3 | 3 |
| Project | 0 | 0 | 0 |
| Homework Assignments | 0 | 0 | 0 |
| Total Workload of Teaching & Learning Activities | - | - | 45 |
| WORKLOAD OF ASSESMENT & EVALUATION ACTIVITIES | |||
| Assesment & Evaluation Activities | # of Activities per semester | Duration (hour) | Total Workload |
| Quizzes | 1 | 1 | 1 |
| Midterms | 1 | 1 | 1 |
| Semester Final Exam | 1 | 1 | 1 |
| Total Workload of Assesment & Evaluation Activities | - | - | 3 |
| TOTAL WORKLOAD (Teaching & Learning + Assesment & Evaluation Activities) | 48 | ||
| ECTS CREDITS OF THE COURSE (Total Workload/25.5 h) | 6 | ||