Syllabus

Title
6177 European Comparative Company Law: France and French Speaking Countries (Belgium, Luxembourg, Switzerland)
Instructors
Prof. Pierre-Henri Conac
Contact details
Type
PI
Weekly hours
2
Language of instruction
Englisch
Registration
02/20/19 to 04/23/19
Registration via LPIS
Notes to the course
Subject(s) Master Programs
Dates
Day Date Time Room
Tuesday 04/30/19 09:00 AM - 11:00 AM EA.5.040
Tuesday 05/07/19 09:00 AM - 11:00 AM D4.0.039
Monday 05/13/19 09:00 AM - 11:00 AM TC.5.02
Monday 05/20/19 09:00 AM - 11:00 AM EA.6.026
Thursday 05/23/19 02:00 PM - 04:00 PM D3.0.233
Tuesday 05/28/19 09:00 AM - 11:00 AM EA.5.040
Tuesday 06/04/19 09:00 AM - 11:00 AM TC.5.12
Tuesday 06/11/19 09:00 AM - 11:00 AM D5.1.004
Tuesday 06/18/19 09:00 AM - 11:00 AM EA.5.040
Tuesday 06/25/19 09:00 AM - 11:00 AM D5.1.004
Thursday 06/27/19 02:00 PM - 04:00 PM D3.0.233
Contents

1.     Di., 30. Apr. 2019 – Short history of French, Belgium, Luxembourg and Swiss Company law

 

2.       Di., 7. Mai 2019 – Public limited liability companies: the regulation of the Société Anonyme (SA) and the limited scope for contractual freedom

 

3.       Mo., 13. Mai 2019 – Private limited liability companies: the success of the Société par Actions Simplifiée (SAS) and evaluation of its competitiveness with foreign forms

 

4.       Mo., 20. Mai 2019 – Protection of minority shareholders

 

5.       Di., 28. Mai 2019 – Regulation of groups and recognition of the interest of the group

 

6.       Di., 4. Jun. 2019 – Listed companies: takeover regulation (including in relationship with EU law)

 

7.       Di., 11. Jun. 2019 – Listed companies: enforcement and civil liability for misinformation

 

8.       Di., 18. Jun. 2019 – The future of Company Law: towards a duty of oversight to prevent violation of social, environmental and a human rights worldwide?

 

9.       Di., 25. Jun. 2019 – The future of Company Law: should companies have a “purpose” (raison d’être)?

Learning outcomes

The goal of the lecture is to provide both an overview and technical knowledge of French Company Law (including listed companies), with references to Belgium, Luxembourg and Swiss Company Law when they present interesting legal differences or specificities, including with Austrian Company Law. There will be also references to European Union (EU) company law when useful. The overall goal is also to help students understand better Austrian Company Law by allowing them to make comparisons with countries which share the same language but have different traditions and approaches.

Each lecture will present the situation in France in detail, and in the second part, make comparisons with Belgium, Luxembourg and/or Switzerland depending on the topic.

Attendance requirements

Attendance is compulsory. Absence in one class will be tolerated. For this absence, no justification has to be provided. Any further absence will only be tolerated if the student can provide a reasonable justification supported by written evidence (e.g. medical attestation).

Teaching/learning method(s)

The course combines elements of a lecture with active participation from the students. Students are encouraged to participate in a lively debate in class. Active participation in the class will be encouraged and taken into account in the grading.

There will be no reading assignments but material provided as support to the students.

Assessment

Students will be marked according to their participation in class and two written exams. All students can score up to 40 points, of which 10 points (25% of the overall score) will be awarded for active participation in class,
10 points (25% of the overall score) in the interim written exam and
20 points (50% of the overall score) in the final written exam.

In order to pass a WU student will need at least 20.5 points overall.

The interim exam will be "closed book" (no materials except for a general dictionary, not a special law or business dictionary). The exam will cover all topics discussed in the first four units of the course.

The final exam will cover all topics discussed in class. It may also cover the introductory part of the course already included in the interim exam. The final exam will last for 90 minutes. It will consist mainly of short answer and/or essay-type questions and may also include single-choice questions. This exam will be held as "open book" exam and students will be allowed to bring in any materials in hardcopy form (including personal handwritten or typed notes). No electronic devices will be allowed!

Both written exams will be in English. Students will not be marked on their English language skills, but they are expected to express themselves in intelligible English.

Prerequisites for participation and waiting lists

Students must be able to read legal materials and express themselves in English. Knowledge of French would be an advantage but is not compulsory.

Last edited: 2019-04-29



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