Commercial law

Department of Law

The course is included in the third semester of the Bachelor’s Programme in Business and Economics (S1EKA). The course is not offered as a single subject course.

The course EKR102 Commercial Law builds on the knowledge that was introduced during the course EKR101 Introduction to Commercial Law (3 credits) and is primarily focused on association law as well as credit and insolvency law.

The course covers the most important forms of financing for companies and their emergence and function. Association law includes the application of all types of companies, as well as an in-depth study of company law. The course also addresses what happens when a company faces insolvency and possible solutions in such a situation.

The course also covers the fundamentals of tax law and places tax law in a societal context. The intention is to provide students with a basic understanding of different tax bases used in Swedish tax law, why these specific tax bases are used, and what other tax bases could be used. The course focuses on principles and theories regarding why Swedish tax law is structured the way it is, and places Swedish tax law in a European context.

On successful completion of the course the student will, on a basic level, be able to:

1. Demonstrate material knowledge of commercial law and related functional subjects.
2. Independently and critically analyse the societal and legal role of commercial law.
3. Independently and critically analyse how different actors should relate to and act in various contexts with regard to commercial legal norms.
4. Create solutions to legal problems.
5. Demonstrate basic skills in academic writing.

The teaching is provided through lectures, exercises, group work, and seminars.

Language of instruction: Swedish and English

The learning outcomes are assessed through four group assignments (one in civil law, two in tax law, and one in due diligence for a company acquisition) that are reported in four written submissions, three individual written submissions related to the group assignments in civil law and tax law, as well as an individual written exam.

If submissions do not meet the passing level, they can be revised. If an assignment does not pass after two revisions, the student must re-register on a subsequent course instance in order to complete it.

Students who have not participated in the assignments related to civil law or tax law have the opportunity to do so during catch-up examination.

Due to resource constraints, the due diligence for a company acquisition can only be conducted during the course. Students who do not participate in group work and submission assignments need to re-register on a subsequent course instance in order to complete the course.

A student who has taken two exams in a course or part of a course without obtaining a pass grade is entitled to the nomination of another examiner. The student needs to contact the department for a new examiner, preferably in writing, and this should be approved by the department unless there are special reasons to the contrary (Chapter 6 Section 22 of the Higher Education Ordinance)

If a student has received a recommendation from the University of Gothenburg for special educational support, where it is compatible with the learning outcomes of the course and provided that no unreasonable resources are required, the examiner may decide to allow the student to sit an adjusted exam or alternative form of assessment. In the event that a course has ceased or undergone major changes, students are to be guaranteed at least three examination sessions (including the ordinary examination session) over a period of at least one year, but no more than two years, after the course has ceased/been changed.

The grading scale comprises: Excellent (A), Very good (B), Good (C), Satisfactory (D), Sufficient (E) and Fail (F).

A passing course grade requires four approved written group submissions (one in civil law, two in tax law, and one in due diligence for a company acquisition), three approved written individual submissions and a passed written exam. Total points on the written exam determines the course grade.

Upon completion, the course will be evaluated in accordance with the rules for course evaluations established by the Bachelor's Programme in Business and Economics at the School of Business, Economics and Law. The results of the evaluation as well as any changes to the course structure shall be communicated to both the students who completed the evaluation and the students who are enrolled in the subsequent round of the course.