What is civil law in Europe

Law and Economy | Economy and Law (according to FSO)

Exam number: 2130

Semester: from the 4th semester (focus)

Duration of the module: one semester

Type of module (compulsory, elective, etc.): compulsory elective

Courses of the module:
Exercise in civil law (every semester)
Inheritance law (every winter semester)
Company Law - Corporations

Frequency of offering the module: every winter semester / every summer semester

Entry requirements: none. Knowledge from basic courses I and II in civil law is required.

Usability of the module for other courses of study:
Compulsory or elective module for other courses. The details are regulated by the provisions of the relevant degree program.

Responsible for the module: Prof. Dr. Kaspar Frey

Name of the university lecturer: Prof. Dr. Kaspar Frey (inheritance law), Prof. Dr. Eva Kocher, Prof. Dr. Christoph Brömmelmeyer (exercise in civil law), Prof. Dr. Kaspar Frey (Corporate Law - Corporations)

Language of instruction: German

Number of ECTS credits awarded: 9

Overall workload and its composition (e.g. self-study + contact time):
Contact time (lecture, exercise, etc.) 67.5 hours; Self-study: 202.5 hours

Course hours (LVS): 6

Type of examination / prerequisite for the award of credit points:
Successful participation in the exam (180 min.) In the exercise in civil law

Weighting of the grade in the overall grade: regulate the provisions of the relevant course

Qualification objectives of the module:
As part of the module, students should acquire basic knowledge of inheritance law and the basic problems of corporate law.

Contents of the module:
Exercise in civil law
As part of the exercise, the students have the opportunity to practice the application of the knowledge and skills acquired in the basic courses in civil law. Three exams and exam reviews; seven to eight exercise cases in civil law (teaching area from GK I-III)

Inheritance law
As part of the course, the students should acquire basic knowledge of inheritance law. They should master the legal succession and also learn in what form and with what content wills can be drawn up and how they are to be interpreted. In addition, they should in particular recognize the importance of the certificate of inheritance and the right to a compulsory portion.
I. Importance of inheritance law
II. Legal Succession
III. Dispositions in the individual will
IV. Overview of the other main topics
V. Certificate of inheritance
VI. Excursus: inheritance contract
VII. Common will
VIII. System of rules of interpretation
IX. Immorality; reinterpretation
X. Challenge
XII. Substitute inheritance
XIII. After-inheritance
XIV. Legacy
XV. Excursus: edition
XVI. Excursus: executor
XVII. Compulsory portion
XVIII. Notification in estate matters
XX. §§ 2018 ff.
XXI. Heir liability, §§ 1967 ff.
XXII. Co-heirs
XXIII. Drafting of wills
XXIV. Company inheritance
XXV. International inheritance law
XXVI. Total repetition

Company Law - Corporations
The subject of the lecture are basic problems of the law of corporations, thus of the corporation law. In terms of content, the aim is to work out the legal basis of this complex area of ​​law and, in particular, to comment on problems of the law of AG and GmbH. Furthermore, the special features of co-determination law and European company law must also be taken into account.
1. Concept of corporation
2. Differentiation of corporations from partnerships
3. Overview of the corporations
4. Details of Major Corporations - Similarities and Differences
5. Details of the AG
6. Overview of the KGaA
7. Details about the GmbH
8. Overview of the cooperatives
9. Codetermination and corporation law
10. European company law and corporation law

Teaching and learning methods of the module:
Exercise in civil law
It's an exercise. Before each appointment, the students are provided with a case with references to literature and jurisprudence. In the exercise, this case is dealt with in dialogue with the students. A worked out processing sketch is then made available. The material is made available via Moodle.

Inheritance law
The course is designed as a lecture and supported by a visualizer. All overviews shown there are made available to the students at the beginning of the semester. This script also contains a trilingual vocabulary list. If cases are solved in class, the solution will then be published on the homepage.

Company Law - Corporations
In order to discuss the subject matter, issues are regularly given to the participants that need to be discussed with them. Following this, the participants will receive the necessary references.

Special (e.g. online share, practice visit, guest lectures, etc.):
Inheritance law: a lawyer regularly reports on current inheritance law cases from Brandenburg.

Literature (required reading / additionally recommended literature):
Exercise in civil law
Medicus, Dieter / Petersen, Jens, civil law. A presentation of exam preparation, sorted according to the basis of entitlements, 23rd edition, 2011.
Olzen, Dirk / Wank, Rolf, Civil law exam teaching and case review, 7th edition, Cologne-Berlin-Bonn-Munich 2012.
Musielak, Hans-Joachim, BGB exam course, 2nd edition, 2007.
Grunewald, Barbara, Bürgerliches Recht: a systematic revision course, 7th edition, Munich 2007.
Medicus, Dieter / Petersen, Jens, Basic Knowledge of Civil Law, 9th edition, 2011.

Inheritance law
Leipold, Erbrecht, 19th edition, 2012 (also with case studies).
Brox / Walker, Erbrecht, 25th edition, 2012 (extensive; to appear 10/2012).
Frank / Helms, Inheritance Law, 5th edition, 2010 * (floor plan with cases).
Gursky, Erbrecht, 6th edition, 2010 (floor plan).
Schlüter, Erbrecht, 16th edition, 2007 (short textbook) and 10th edition, 2007 (test your knowledge).
Eidenmüller, Cases on Inheritance Law, 5th edition, 2011 (illustrative cases).
* You can also read this textbook on the internet in the beck e-library at beck-online.

Company Law - Corporations
Hirte, corporation law, 7th edition, 2012.
Wilhelm, Corporation Law, 3rd edition, 2009.
Wiedemann / Frey, Corporate Law, 8th edition, 2012.
The materials on the subject matter are regularly distributed to the participants in the lecture.

Additional Information:
Registration in Moodle Viadrina required.