Curriculum
Goals of the Programme, Workload and Requirements
The programme has two main goals:
First, it is intended to convey a sense of the particularities of German and European law. Thus, considerable time will be devoted to case studies in small groups so as to provide exposure to the practical application of the law.
Secondly, the programme will offer classes in a select number of legal fields. Their selection has been guided by the idea of providing a solid, basic knowledge of those legal institutions of particular interest to foreign business lawyers. Therefore, the curriculum comprises not only intensive 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.
Subjects of the Programme
Law of Contracts
This course explores the German concepts and rules for the conclusion of contracts, mistake, pre-contractual duties, and ways of avoiding an unwanted contract. A second focus will be on breach of contract and the system of remedies available in this case. A discussion of special rules designed for the protection of consumers and electronic commerce will conclude this class.
Law of Property
This class is dedicated to analyzing 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 and protection of and rights associated with the possession and ownership of property as well as the requirements of the transfer of property, including its good faith acquisition. Finally, the class will also briefly treat limited real rights to movable and immovable property.
Constitutional Law
The course will give a basic knowledge of German governmental institutions, in particular constitutional review. This knowledge is necessary for understanding German law. Also 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, the social security schemes, and overall 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 Community legal system. In the second part of the course, participants will review cases with the objective of understanding the application of Community 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 matters under German national law, but also under European Law (which is particularly influential in this area), and on 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 misuse of dominant market positions under Community (Art. 81 and 82 ECT) and German (§§ 1 ff. GWB) law.
General remark on the programme
With such an ambitious scope, we assume that students are prepared to work hard both in class and during periods of individual study. A very good command of written and spoken English and at least one year of legal training at university are required of applicants. In exchange, we offer a challenging and rewarding intellectual experience.
Last but not least, the programme will bring together excellent lawyers and law students from many countries, providing the opportunity to create a network of program alumni. The Faculty of Law of the Munich University is eager to support such a network and provides a website for alumni affairs.
