Creditor's Rights and Insolvency Law, basic course, 15 credits

Main field of study

Course level

Advancement level

Entry requirements

• General entry requirements for undergraduate studies
• Completed Basic Course in Commercial Law, 10 ECTS credits

Intended learning outcomes

On completion of the course, the student should be able to
- use knowledge and demonstrate an understanding of the judicial fields that are of specific importance for work with payments, funding, credit granting and economic control,
- demonstrate good knowledge and understanding particularly of demands, credits, property law related rules, bankruptcy and other forms of execution, and regarding property law crimes,
- demonstrate good ability and skills in identifying, analysing and solving practical legal issues in said fields,
- demonstrate good ability to identify the origin and winding up of a claim,
- demonstrate good ability to describe the origin of property law protection,
- analyse typical legal risks in credit-related security arrangements,
- calculate expected outcome for each creditor in a simple bankruptcy,
- describe the fundamental features of the occurring forms of insolvency,
- identify typical property law crimes,
- reflect on the issues of said legal fields,
- critically examine and analyse legal source material.

Course content

This course covers civil law and economic criminal law. The civil law part of the course involves obligation law, credit and execution law, and property law. 
Obligation law comprises the concepts of demand and debt, the origin and contents of demands, and payment, offset and limitation. The section credit and execution law covers credit agreement, safety for credit and collection of claims via both special execution (seizure, import, etcetera) and general execution (bankruptcy, accord). Joining this are the property law rules concerning when an acquirer of ownership or other right gains protection against a competing acquirer or the creditors of the transferor/lessor. Covered in economic criminal law are the general economic crimes, as well as fraud and embezzlement and the more business related crimes, such as crimes against creditors and dishonesty crimes.

Teaching and working methods

The teaching takes the form of lectures and exercises. Further, seminars and written assignments, the latter to be solved in groups and/or individually, may occur. The student is expected to study independently, individually or in groups.

Examination

The course is examined through an individual and written examination. If seminars and/or written assignments occur, these are included in the examination. Seminars are completed through active participation in them.

If special circumstances prevail, and if it is possible with consideration of the nature of the compulsory component, the examiner may decide to replace the compulsory component with another equivalent component.

If the LiU coordinator for students with disabilities has granted a student the right to an adapted examination for a written examination in an examination hall, the student has the right to it.

If the coordinator has recommended for the student an adapted examination or alternative form of examination, the examiner may grant this if the examiner assesses that it is possible, based on consideration of the course objectives.

An examiner may also decide that an adapted examination or alternative form of examination if the examiner assessed that special circumstances prevail, and the examiner assesses that it is possible while maintaining the objectives of the course.

Students failing an exam covering either the entire course or part of the course twice are entitled to have a new examiner appointed for the reexamination.

Students who have passed an examination may not retake it in order to improve their grades.

Grades

Other information

Planning and implementation of a course must take its starting point in the wording of the syllabus. The course evaluation included in each course must therefore take up the question how well the course agrees with the syllabus. 

The course is conducted in such a way that there are equal opportunities with regard to sex, transgender identity or expression, ethnicity, religion or other belief, disability, sexual orientation and age.

If special circumstances prevail, the vice-chancellor may in a special decision specify the preconditions for temporary deviations from this course syllabus, and delegate the right to take such decisions.

Department