Non-contractual obligations: doctrine and legal practice
Course: “Law”
Structural unit: Educational and Scientific Institute of Law
Title
Non-contractual obligations: doctrine and legal practice
Code
ВБ.01.02.23.
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
2 Semester
Number of ECTS credits allocated
3
Learning outcomes
achievement by students of such competencies as: the ability to give a legal assessment of non-contractual obligations and be aware of current trends in their development; generation of new ideas in the field of non-contractual obligations; ability to communicate with experts from other fields of knowledge in solving practical situations in the field of non-contractual obligations; assessment of the interaction of international law and international legal systems with the legal system of Ukraine in the field of non-contractual obligations; qualitative argumentation of legal decisions in the field of non-contractual obligations; application of interdisciplinary approach
Form of study
Full-time form
Prerequisites and co-requisites
Know the main aspects of the historical formation and development of non-contractual obligations in Ukraine, the legal nature of non-contractual obligations, literature sources on non-contractual obligations, acts of civil law of Ukraine, which regulate non-contractual obligations, and current judicial practice on resolving civil disputes in the non-contractual area.
Be able to assess and determine the role and objectives of non-contractual obligations, to distinguish non-contractual obligations from other types of civil obligations, give them a legal description.
Have basic skills in working with educational and legal literature, the use of scientific methods of knowledge and legal methods of resolving controversial practical situations in the field of non-contractual obligations
Course content
Forms of teaching and teaching methods of this discipline are aimed at conducting a legal analysis of the problems of legal regulation of non-contractual obligations in the civil legislation of Ukraine. Within the framework of the discipline the basic doctrinal approaches to determining the legal nature of non-contractual obligations, their doctrinal classification are studied. Particular attention is paid to the study of the legal nature of tort obligations, as well as current issues application of the current legislation of Ukraine regulating non-contractual obligations by national courts.
Recommended or required reading and other learning resources/tools
1. Hughes-Davies, T., & Tamblyn, N. Tort Law (1st ed.). Routledge; 2019.
2. Unjust Enrichment. / Edelman, James; Bant, Elise. 2 ed. USA : Hart Publishing, 2016.
3. Markesinis’s German Law of Torts: A Comparative Treatise. / Bell, J., Janssen, A., & Markesinis, B.S., With a Foreword by Professor Sir (Eds.). Oxford: Hart Publishing, 2019.
4. French Civil Liability in Comparative Perspective (Studies of the Oxford Institute of European and Comparative Law). / Borghetti, J., & Whittaker, S. (Eds.). Oxford: Hart Publishing, 2019.
5. Nelson J.W. On the Conceptual Origins of the Law of Unjustified Enrichment in the Draft Common Frame of Reference. European Journal of Legal Studies. Vol. 6. Iss. 2 (Autumn/Winter 2013/14). P. 119–135.
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
Types of current control are selected by the teacher who conducts seminars, in agreement with the lecturer and in accordance with this program. The forms of student assessment include: express survey; colloquium; reports and research papers; testing; module test; solving problems/cases, drafting a contract in private international law. The final assessment is a written exam.
The minimum score to be obtained by a student during the semester is 24 points, the maximum score is 40 points.
During the current control during seminars, the following are subject to evaluation: the level of knowledge demonstrated by the student in the answer, activity in discussing seminar issues, systematic work in class, and the results of assignments.
Based on the results of the written exam, a student can receive a maximum of 60 points.
Language of instruction
Ukrainian
Lecturers
This discipline is taught by the following teachers
Mykhailo
Khomenko
Civil Law Department
Educational and Scientific Institute of Law
Educational and Scientific Institute of Law
Departments
The following departments are involved in teaching the above discipline
Civil Law Department
Educational and Scientific Institute of Law