Curriculum

Goals of the Programme, Workload and Requirements

The programme has two main goals:

First, it is designed to impart an understanding of the particularities of German and European law. Thus, considerable time will be devoted to case studies in small groups to provide exposure to practical application of the law.

Secondly, the programme will offer classes in a select number of legal fields. They have been selected such as to provide solid, basic knowledge of the legal institutions that are of particular interest to foreign business lawyers. Therefore, the curriculum comprises not only intense training in general subjects such as private law, constitutional law and the law of the European Union but also features an introduction to German corporate, securities, antitrust and tax law.

Programme Subjects

Law of Contracts

This course explores the German concepts and rules for the conclusion of contracts, mistake, pre-contractual duties and strategies for avoiding an unwanted contract. There will be a secondary focus on breach of contract and the system of remedies available in this case. The class will conclude with a discussion of special rules designed for the protection of consumers and electronic commerce.

Law of Property

This class is dedicated to analysing the general principles of property law – among them the principle of abstraction as one of the most characteristic principles of German law. We will also discuss the functions, protection, and rights associated with the possession and ownership of property as well as the requirements on the transfer of property, including acquisition in good faith. Finally, the class will also briefly explore limited real rights to movable and immovable property.

Constitutional Law

This course will impart basic knowledge of German governmental institutions, in particular constitutional review. This knowledge is necessary for understanding German law. The meaning and importance of fundamental rights will be discussed.

Law of Torts

Tortious liability is a part of general civil law, but is also inextricably intertwined with the insurance systems, social security schemes and general questions of risk allocation. This course will illustrate the basic structure of German tort law and will focus on some of its essential problems.

Tax Law

These lectures will give a short introduction into German tax law, covering the constitutional prerequisites for taxation, an overview of income tax law, corporate tax law, inheritance tax law and value added tax. The second part will cover the basics of international and European tax law, including double taxation treaties.

European Union Law

The first part of the course on EU Law is designed to provide participants with a basic understanding of the institutional structure of the EU and of the fundamental features of the EU legal system. In the second part of the course, participants will review cases with the objective of understanding the application of EU law to economic transactions. Taking into account their individual needs, participants are free to attend only one or both of the two parts of the course.

Corporate and Securities Law

This part of the course covers issues such as: forms of incorporation under German law; the stock corporation; the limited liability company; partnerships and companies; the law of corporate groups; takeovers, mergers and acquisitions; corporate restructuring; organization of the German securities market; the primary and secondary market. The material presented will focus not only on the relevant issues under German national law, but also under European Law (which is particularly influential in this area) as well as covering the underlying economic analysis and comparative aspects.

Antitrust Law

The course deals with anticompetitive behaviour via agreements and concerted practices of two or more companies and the abuse of dominant market positions under EU (Art. 101 and 102 TFEU) and German (§§ 1 ff. GWB) law. The course will also cover the fundamentals of merger control.

General Remarks on the Programme

ith such an ambitious scope, we assume that students will be prepared to work hard both in class and in individual study. Applicants need to have an excellent command of written and spoken English and have at least one year of legal university training. In exchange, we offer a challenging and rewarding intellectual experience.

This programme can award 6 credits in the ECTS system. Participants from the United States of America may petition their law schools for credit (5 semester credit hours according to the ABA System) before the course begins.

Last but not least, this programme will bring together excellent lawyers and law students from a variety of countries, providing the opportunity to create a network of programme alumni. The Faculty of Law at Munich University is eager to support a network of this kind and provides a website for alumni affairs.