Chinese commercial law

  • A.A. 2018/2019
  • CFU 8
  • Ore 40
  • Classe di laurea LM-52
Federica Monti / Ricercatrice T.D. / Diritto commerciale (IUS/04)
Dipartimento di Scienze Politiche, della Comunicazione e delle Relazioni Internazionali
Prerequisiti

A background in commercial law could be helpful, but it's not required .
The course will be held in English language, therefore good English skills must be
intended as mandatory.

Obiettivi del corso

The aim of the course is to provide a solid understanding of the Chinese
commercial law institutions, in their contemporary dimension, and convey to the
student the methodological tools to approach the different themes that make up
trade matter in the People's Republic of China with the purpose of shaping cross-
border professionals (business managers, consultants, and so on) active both in
Chinese and European market.

Programma del corso

SYLLABUS (8 CFU)
(This Syllabus shall be intended for all students. A dedicated syllabus might be
agreed with students according to their own particular situation, i.e. CFU recovery
etc.)

Part1 - CHINESE LAWMAKING -
- Confucian lawmaking and Chinese legalism;
- The Legislation Law;
- Chinese contemporary lawmaking.

Part2 - THE PRIVATE ECONOMIC SECTOR IN CHINA -
- Institutional change and the evolution of the entrepreneurship: the
entrepreneur role from Eighties to nowadays;
- The Chinese entrepreneurial categories.

Part3 - CHINESE BUSINESS ASSOCIATIONS -
- Partnerships: Partnership Law People's Republic of China (General
partnership, Limited partnership, Special general partnership);
- Partnerships corporate governance;
- Company Law of People's Republic of China (Limited liability companies, Joint
stock companies limited by shares, State Owned Enterprises, Listed Companies);
- Venture capital: juridical and practical functions;
- Companies Corporate Governance.

Part4 - FOREIGN INVESTMENTS AND JOINT VENTURE CONTRACTS -
- Representative Offices;
- Equity Joint Venture;
- Cooperative and Contractual Joint Venture;
- Wholly Foreign Owned Enterprises;
- M&A

Part5 - INTELLECTUAL PROPERTY RIGHTS -
- Trademark;

______________________________________
(*) WARNING! With reference to specific program sections, students will be
addressed to integrate basic program with integrative readings.

Testi (A)dottati, (C)onsigliati
  • 1.  (C) Vai Lo; Xiaowen Tian Law for foreign business and investment in China Routledge, New York, 2009 » Pagine/Capitoli: 24-50, 73-98, 173-182
Altre informazioni / materiali aggiuntivi

COURSE MATERIALS (WARNING! With reference to specific program sections, students will be addressed to integrate basic program with integrative readings. A dedicated syllabus might be agreed with students according to their own particular situation, i.e. CFU recovery etc..)

REGULATORY TEXTs(*):
- Constitution of People's Republic of China - provided by the Professor (in english language)
- Legislation Law of People's Republic of China - provided by the Professor (in english language)
- General Principle of Civil Law of People's Republic of China - provided by the Professor (in english language)
- Law on individual proprietorship enterprises of People's Republic of China - provided by the Professor (in english language)
- Partnership Law of People's Republic of China - provided by the Professor (in english language)
- Company Law of People's Republic of China - provided by the Professor (in english language)
- Relevant Laws on Joint Venture of People's Republic of China - provided by the Professor (in english language) - provided by the Professor (in english language)
- Relevant Laws on Intellectual Property of People's Republic of China - provided by the Professor (in english language) - provided by the Professor (in english language)


(*) Since most of above indicated regulatory texts, in their original language (Chinese language), could be not accessible to the students and not all on line translations in english language are to be considered adequate, Professors will provide appropriate english versions during course.

Metodi didattici
  • The course will mainly consist of 'active' lectures (also with the presentation of
    slides, for a greater focus on the student), divided into various modules / parts of
    the program. With particular reference to certain issues, will be dealt with the
    analysis of case studies and / or regulatory texts, useful for the student to a
    better understanding of the subject.
Modalità di valutazione
  • Oral exam = will count 90% - Aimed at verifying the understanding of the knowledge
    acquired during the course.
    Class Participation = will count 10%
    It will be highly appreciated the student actively participate during the lessons.
    Students are expected to come to class prepared and willing to discuss the readings,
    cases and class exercises.
Lingue, oltre all'italiano, che possono essere utilizzate per l'attività didattica

English

Lingue, oltre all'italiano, che si intende utilizzare per la valutazione

English