Contract law: doctrine and legal practice
Course: “Law”
Structural unit: Education and Research Law School
Title
Contract law: doctrine and legal practice
Code
ДВС.27.04.
Module type
Вибіркова дисципліна для ОП
Educational cycle
Second
Year of study when the component is delivered
2023/2024
Semester/trimester when the component is delivered
3 Semester
Number of ECTS credits allocated
6
Learning outcomes
Properly master the basic principles of legislative regulation of contractual obligations, to identify problematic issues that arise both in theory and in law enforcement, learn to solve, to offer alternative solutions to these or other issues, in the absence of legislation, learn the basic principles regulation of real estate transactions, features of conclusion, change, termination, termination and state registration of such transactions
Form of study
Distance form
Prerequisites and co-requisites
Know: features and methods of change and termination of contractual obligations, general characteristics and types of contractual obligations, ways to ensure the fulfillment of obligations, features and grounds for their change and termination, the main legal consequences of breach of obligations and type and extent liability for improper performance or breach of contract
Be able to determine the main features of the conclusion, form and content of real estate transactions, as well as their separation from related legal structures.
Fluent in written and oral state language, correctly using legal terminology; correctly draw up and conclude contracts, including in the field of real estate.
Course content
The following issues are revealed in the study of the discipline according to the principle of architecture: general characteristics of contractual obligations; types of civil law contracts as a basis for the emergence of contractual obligations; ensuring the fulfillment of contractual obligations; general characteristics and types of real estate transactions; features of state registration of real estate transactions.
Acquire knowledge of the emergence, change and termination of contractual obligations in Ukraine and the peculiarities of committing and terminating real estate transactions in the context of reforming and improving civil law.
Recommended or required reading and other learning resources/tools
Bodnar T.V. Fulfillment of Contractual Obligations in Civil Law: Monograph. - Kyiv: Jurinkom Inter, 2005. - 272 p.
Bodnar T.V. Contractual Obligations in Civil Law (general provisions): Textbook. manual. - K .: Justinian, 2007. - 280 p.
Bodnar T.V. Categories "Non-performance", "Improper Performance" and "Impossibility of Performance" in obligatory law of Ukraine // Bulletin of the Odessa Institute of Internal Affairs. - 2004. - № 3 (part 1). - P. 20-28.
Principles of European Contract Law, Editor: Lando O., Beal H.. Part 1: Performance, Non-Performance and Remedies. Dordrecht, 1995.
Contract Law of Ukraine. General part: textbook. manual Bodnar Т.В., Dzera, O.V., Kuznetsova N.S. and others; for ed. Derry O.V. y . - K .: Jurinkom Inter, 2008. - 896 p.
Krat B. Contract Law in the Practice of the Supreme Court. 2021.
URL: https://supreme.court.gov.ua/userfiles/media/new_folder_for_uploads/supreme/2021_12_29_prezent_Krat.pdf
Planned learning activities and teaching methods
Lectures, seminars, self-studying work of the student on the basis of textbooks, abstracts, methodical recommendations, consultations with the teacher
Assessment methods and criteria
Semester forms of assessment: report (speech on a given topic) up to 5 points; supplementing the report to 3 points; express examination up to 3 points; colloquium up to 4 points; solving the case up to 5; self-studying work up to 4 points; homework up to 4 points; essays (short answers to questions) up to 3 points; testing (from the set of judgments to choose the right ones) up to 3 points; abstract (meaningful written work on a given topic with analysis of the literature and conclusions) up to 3 points;
participation in the discussion up to 2 points; final test up to 5 points. If the student is absent from the seminar for good reasons, he can work off the missed class in extracurricular time (teacher consultation time). The minimum score to be obtained by a student on the appropriate forms of assessment is 24 points. The maximum score that can be obtained by a student per semester is 40 points.
Language of instruction
Ukrainian
Lecturers
This discipline is taught by the following teachers
Departments
The following departments are involved in teaching the above discipline