Creditor's Rights and Insolvency Law, 15 credits

Kredit- och exekutionsrätt, 15 hp

747G73

The course is disused.

Main field of study

Commercial Law

Course level

First cycle

Course type

Single subject and programme course

Examiner

Anders Heiborn

Course coordinator

Anders Heiborn

Director of studies or equivalent

Johannes Lerm
ECV = Elective / Compulsory / Voluntary
Course offered for Semester Weeks Language Campus ECV
F7YEK Business and Economics Programme (Business Administration) 5 (Autumn 2021) 202144-202203 Swedish Linköping E

Main field of study

Commercial Law

Course level

First cycle

Advancement level

G1N

Course offered for

  • Business and Economics Programme

Entry requirements

General entry requirements for undergraduate studies
and
Mathematics and Social Studies corresponding to the level in Swedish upper secondary education (Matematik 3b/3c and Samhällskunskap 1b/(1a1 and 1a2)
and
English corresponding to the level of English in Swedish upper secondary education (Engelska 6)

Commercial and Trade Law, 10 HE credits and Corporate Law, 5 HE credits.

Intended learning outcomes

On completion of the course, the student should be able to
- account for the judicial fields of specific importance for work with payments funding, credit granting and economic control,
- demonstrate knowledge of different forms of execution and property law crimes,
- identify, analyse and solve practical legal issues,
- identify the origin and winding-up of a claim,
- 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 the credit agreement, credit security and collection of demands via both special execution and general execution. 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. Seminars and written assignments may also occur, the latter to be solved in groups and/or individually. The students should also study independently.

Examination

The course is examined through an independent written examination. If seminars and/or written assignments occur, these are included in the examination. Seminars are completed through active participation in them. Detailed information can be found in the study guide.

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 instead 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.

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

Three-grade scale, U, G, VG

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 carried out in such a way that both men´s and women´s experience and knowledge is made visible and developed.

Department

Institutionen för ekonomisk och industriell utveckling
Code Name Scope Grading scale
TENT Examination 13.5 credits U, G, VG
SEM3 Seminars 0.5 credits U, G
SEM2 Seminars 0.5 credits U, G
SEM1 Seminars 0.5 credits U, G
FRI3 Examination 0 credits D
FRI2 Examination 0 credits D
FRI1 Examination 0 credits D

Books

Adlercreutz, Axel, Pfannenstill, Magnus, (2010) Finansieringsformers rättsliga reglering 5., [rev.] uppl. Lund : Studentlitteratur, 2010

ISBN: 9789144066158

Asp, Petter, Ulväng, Magnus, (2015) Straffrätt för ekonomer 1. uppl. Uppsala : Iustus, 2015

ISBN: 9789176788974

Lennander, Gertrud, (2015) Kredit och säkerhet : lärobok i krediträtt 11. uppl. Uppsala : Iustus, 2015

ISBN: 9789176788783

Mellqvist, Mikael, (2015) Obeståndsrätten : en introduktion 7. uppl. Stockholm : Norstedts juridik, 2015

ISBN: 9789139207122

Mellqvist, Mikael, Persson, Ingemar, (2015) Fordran & skuld 10., [aktualiserade] uppl. Uppsala : Iustus, 2015

ISBN: 9789176788790

Mellqvist, Mikael, Welamson, Lars, (2017) Konkurs och annan insolvensrätt Tolfte upplagan Stockholm : Wolters Kluwer, [2017]

ISBN: 9789139207740

Millqvist, Göran, (2018) Sakrättens grunder : en lärobok i sakrättens grundläggande frågeställningar avseende lös egendom Åttonde upplagan 2018

ISBN: 9789139208501

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