Economic and Commercial Law of India and China

general courses

To be able to participate in economic and trade law of India and China seminars a student should have knowledge concerning international trade law. Moreover a student should know basic notions of theory of law and state. Basic theory of law and state notions are: legal system, sources of law, legal norms, common law principles, legal capability, legal actions capability, subject of law and basic notions of the law of obligations like sources of obligations and civil liability.

Economic and trade law of India and China is a subject comprising of three essential thematic parts: 1. a general overview of Indian and Chinese legal system regarding issues important from foreign entrepreneurs’ point of view, 2. a general description of legal terms and conditions and legal forms of undertaking commercial activity in India and China 3. a general overview of law of contracts in India and China. The last component of the subject is basic information concerning Indian and Chinese civil procedure.

Economic and Trade law of India and China

Introduction

1. Constitutional basis of undertaking commercial activity in India and China

(general description of the Indian legal system; general description of the system of public authorities in India; undertaking of commercial activity in India - legal requirements to be met in order to commence and conduct commercial activity)

General rules related to undertaking commercial activity in China.

How to make business in India and China?

2. Legal conditions of undertaking commercial activity in India by Indian entities and in China by Chinese entities

(general description of the legal regulation related to undertaking commercial activity in India and China; the most important legal duties to be fulfilled by an entrepreneur to commence commercial activity in India and China; public registers in India and China; special meaning of CSR in India)

3. Legal forms of undertaking commercial activity in India by Indian entities and in China by Chinese entities

(legal issues concerning undertaking commercial activity in India by Indian citizens and in China by Chinese citizens as natural persons, commercial companies and co-operative societies; general description of particular legal forms of undertaking commercial activity in India and China regarding different approaches to liability of the natural person for obligations connected with commercial activity)

4. Legal conditions of undertaking commercial activity in India and China by foreign entities especially from/outside the EU

(description of the specific legal rules applying to undertaking commercial activity in India and China by foreign entities especially by entities coming from/outside the EU - legal requirements to be met by foreign entities to commence commercial activity in India and China)

5. Acquisition of real estate in India and China by foreign entities, especially from the EU

(legal position of foreign direct investments in India and China; analysis of investments of Polish entrepreneurs in India and Indian entrepreneurs in Poland as well as investments of Polish entrepreneurs in China and Chinese entrepreneurs in Poland; legal regulation related to acquisition of real estates in India and China by foreign entities especially by entities coming from the EU)

6. Legal means of protection against different interpretation of tax law

(general description of tax law in India and China; description of the most serious tax risks of a legal character in India and China; legal means of protection against the legal tax risks in Indian and Chinese law)

7. Legal means of protection against expropriation and legal protection in case of expropriation accessible especially for foreign investors

(description of the legal means of protection of property especially against direct and indirect expropriation)

How to make deals in India ad China?

8. Introduction to contract law of India and China

(introduction to Indian and Chinese contract law; general rules of Indian and Chinese contract law; the most significant differences between Polish, Indian and Chinese contract law)

9. Concluding contracts under the laws of India and China

(prerequisites of validity of contract in Indian and Chinese contract law; legal issues related to concluding contracts in Indian and Chinese contract law; formal requirement of validity of contracts in Indian and Chinese contract law)

10. Shaping content of contracts governed by the laws of India and China - restriction of freedom of contract

11. Securing of performance of contracts governed by the laws of India and China

(general description of the ways of securing performance of obligations; the contract indemnity; guarantee; bailment; pledge and the differences between them)

12. Performance of contracts governed by the laws of India and China

(general rules of performance of obligations arising from contracts in Indian and Chinese contract law; time and place for performance of obligations; confirmations evidencing performance of contractual obligations and their meaning in Indian, Chinese and Polish law)

13. Non-performance or undue performance of contracts governed by the laws of India and China

(legal consequences of non-performance of obligations arising from contracts in Indian and Chinese contract law; contractual liability in Indian and Chinese contract law)

14. Introduction to a civil procedure law

(structure of Indian judiciary system; general rules of Indian and Chinese civil procedure law; the most important specific kinds of proceedings in civil cases in civil procedure Indian and Chinese law)

K.R. Bulchandani, Business law, Himalaya Publishing House PVT. LTD. 2011

M.C. Kuchhal, Business laws, Vikas Publishing House PVT. LTD. 2012

Indian legal system, ed. J. Minattur, The Indian Law Institute 2006

Sir Dinshah Fardunji Mulla, The Indian Contract Act, (13 wydanie przygotowane przez Anirudh Wadhwa), 2011

Companies Act, 2013 with Rules as amended by Companies Amendment Act, 2015 (21 of 2015), Commercial Law Publishers (India) Pvt. Ltd.

Gu Minkang, Understanding Chinese Company Law, Hong Kong University Press 2010

Vai Io Lo, Xiaowen Tian, Law for Foreign Business and Investment in China, Routledge 2011

Chinese Civil Law, red. Yuanshi Bu, C. H. Beck Hart Nomos 2013

Gaining knowledge about theory of international trade and ability to use the knowledge in practice in the course of analyzing international commercial relations.

Understanding the nature of economic and trade law of India/China and gaining knowledge about sources of economic and trade law of India and China.

The ability to interpret and apply in practice economic and trade law of India and China.

The ability to assess in the light of Indian economic and trade law legal consequences of actions and commercial undertakings of private entities.

Gaining competences to work requiring basic knowledge and skills in the area of economic and trade law of India/China in public and private institutions dealing with Indian commercial entities.

Oral answer (20%) and result of the written exam at the end of the seminars (80%). One of the criterion of the assessment is skill to apply the knowledge gained during the seminars in the course of resolving a case (case study method).

Credit with grade. No failed answers for questions asked during each seminar to chosen students from the group. Positive result from the written exam at the end of the seminars.

Does not concern.