Commercial Law

obligatory courses

The aim of the course is to familiarize students with commercial law institutions that are used by entrepreneurs during business and investment. The lecture contains a presentation of principles, rules and legal regulations and self-regulation methods on which trade transactions in a market economy are based. Students learn about the organization, forms and basic principles of running a business and the end of this activity, as well as proceedings in the event of an entrepreneur's insolvency. The lecture presents typical instruments for concluding and settling economic transactions, the rules of conducting business activity towards the clients, as well as basic public and legal regulations regarding the registration, running and supervision of the state over the performance of business activities, including competition law, abuse of market position and obligations related to consumer protection.

1. Presentation of the sources of Polish commercial law, historical background, diversity of sources, the principle of unity of civil law, scope and limits of commercial law.

2. Basic principles and regulations concerning entrepreneurs, the constitutional principle of economic freedom and its limitations, the conditions for undertaking and conducting business activity, the name of the entrepreneur, the principles of representation in trade, the proxy.

3. An overview of typical contracts concluded by entrepreneurs (including a sales, provision of services, lease, loan, transport, insurance, storage contract). Ways of securing the performance of the contract. Separation of contracts with the participation of consumers and concluded between entrepreneurs, prohibition of practices violating collective consumer interests, rules of competition, prohibition of abuse of dominant market position, principles of concentration of entrepreneurs, entrepreneurs' responsibility in this respect and protection measures.

4. Principles of functioning of the National Court Register and registry of entrepreneurs, competences of the registry court, rules of proceedings before the registry court.

5. Rules regarding the liquidation of entrepreneurs. Consequences of entrepreneurs' insolvency. Restructuring proceedings. Bankruptcy proceedings with the possibility of an arrangement and involving the liquidation of the bankrupt's assets. Premises for bankruptcy and its consequences. Rules for satisfying creditors in the course of bankruptcy proceedings.

6. Partnerships and their types: general partnership, partner company, limited liability company and joint-stock company. Civil partnership.

7. A limited liability company.

8. Joint Stock Company.

9. The cooperative.

10. Public trading in securities, organization of the capital market, regulation of the stock exchange.

11. Mergers and acquisitions, division and transformation of civil companies, commercial partnerships, capital companies and cooperatives.

A. Kidyba, Prawo handlowe, Warszawa 2017

K. Bilewska, A. Chłopecki, Prawo handlowe, Warszawa 2017

In the field of acquired knowledge, students learn the basic legal concepts and institutions of commercial law. They are able to choose the right legal form for running a business of a certain size. With regard to skills, the participants of the lecture acquire the ability to understand the function and purpose as well as the sources of regulation and self-regulation of business transactions. They should be able to find the right sources of law and properly interpret the commercial law institutions regulated in them. In terms of social competences, the expected results of education, in addition to familiarizing with the generally understood legal culture, consist in the students acquiring the ability to assess the benefits and limitations associated with running a business in specific legal forms and risk assessment skills relating to the specific role on the market, in particular related to participation in the bodies of commercial companies and cooperatives.

Exam results