Creditor's Rights and Insolvency Law, 15 credits (747G73)

Kredit- och exekutionsrätt, 15 hp

Main field of study

Commercial Law

Level

First cycle

Course type

Programme course

Examiner

Anders Holm

Course coordinator

Anders Holm

Director of studies or equivalent

Christina Nordin
Course offered for Semester Weeks Language Campus VOF
F7YEK Business and Economics Programme (Business Administration) 5 (Autumn 2020) v202044-202103 Swedish Linköping v

Main field of study

Commercial Law

Course level

First cycle

Advancement level

G1F

Course offered for

  • Business and Economics Programme

Entry requirements

Admission to the course requires, apart from the general entry requirements, satisfaction of the entry requirements that apply for admission to the Programme in Business and Economics. In addition, the student should have completed the following courses (or the equivalent); 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

Books

Asp, Petter, Ulväng, Magnus, Straffrätt för ekonomer Iustus
Flodin, Jonny, (2020) Fastighetspanträttens huvuddrag Andra upplagan Stockholm : Jure, [2020]

ISBN: 9789172237988

Lennander, Gertrud, Kredit och säkerhet Iustus
Mellqvist, Mikael, Obeståndsrätten : en introduktion Norstedts juridik, 2015
Mellqvist, Mikael, Persson, Ingemar, Fordran & skuld Iustus
Mellqvist, Mikael, Welamson, Lars, Konkurs och annan insolvensrätt Wolters Kluwer
Millqvist, Göran, Sakrättens grunder Norstedts Juridik
FRI1 Examination D 0 credits
FRI2 Examination D 0 credits
FRI3 Examination D 0 credits
FRI4 Examination D 0 credits
FRI5 Examination D 0 credits
FRI6 Examination D 0 credits
SEM1 Seminars U, G 0.5 credits
SEM2 Seminars U, G 0.5 credits
SEM3 Seminars U, G 0.5 credits
TENT Examination U, G, VG 13.5 credits

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Page responsible: Study information, bilda@uf.liu.se