Кто читает:: Кафедра гражданского права (Санкт-Петербург) (Юридический факультет (Санкт-Петербург))

Статус:: Курс обязательный

Когда читается:: 5-й курс, 1, 2 модуль

Преподаватель

Гаджиев Гадис Абдуллаевич

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Аннотация

The course "Civil Law and Economics" introduces students to an interdisciplinary approach to law. This discipline is aimed at identifying the theoretical foundations and objective laws of legal regulation of economic relations and gaining knowledge about the main directions of development and application of this interdisciplinary area of research.

Цель освоения дисциплины

To introduce students to an interdisciplinary approach to law. To identify the theoretical foundations and objective patterns of legal regulation of economic relations. To gain knowledge about the main areas of development and application of this interdisciplinary area of research. Including the formation of the research program "economic theory of civil law ("law and economics");  about economic theory (institutional economics and science of civil law;  about the so-called transaction economics;  about the Coase theorem and externalities;  about ways to protect violated civil rights from the point of view of economic theory;  about consequentialism and economic incentives based on civil law;  about the possibilities of using meta-legal argumentation in developing acts of justice in civil cases;  about standards of proof in complex cases in a comparative legal perspective;
Acquiring the skill of independent work with court decisions on economic and legal topics (case method). Acquiring the skill of constructing arguments from legal-dogmatic and economic-legal positions.
To acquire skills in order to apply constitutional and legal principles: freedom of contract, protection of private property and protection of competition to resolve legal disputes.

Планируемые результаты обучения

Assess the risks of formalism when resolving complex cases on economic topics. Analyze the practice of resolving complex cases in courts
Interpret economic theories of the effectiveness of civil law norms.
Analyze the relationship between economic and civil law relations through the prism of "Law and Economics"
Obtain skills in resolving cases in which the norms of the General Part of the Civil Code of the Russian Federation are applied
Interpret the concept of legal formalism in private law.
Implement the ideas of "Law and Economics" in resolving corporate disputes.

Содержание учебной дисциплины

Lecture 1. Introduction to the special course. Studying the experience of considering complex cases
Lecture 2 Analysis of the decision of the Constitutional Court of the Russian Federation dated 05.02.2009 N 248-O-P on the complaint of citizen R.A. Chizhov
Lecture №3 Economic incentives created by civil law norms. Consequentialism
Lecture No. 4 The main precedent in law and economics
Lecture 5 Main features of argumentation in the application of abstract norms of the general part of civil law
Lecture 6 Analysis of the Resolution of the Constitutional Court of the Russian Federation dated 22.06.2017 N 16-P on the complaint of A.N. Dubovets.
Lecture No. 7 Legal formalism "pros and cons"
Topic 8 Analysis of the Resolution of the Constitutional Court of the Russian Federation on acquisitive prescription (Resolution of the Constitutional Court of the Russian Federation of 26.11.2020 N 48-P).
Topic 9. Features of the application of the norms of the general part of the Civil Code of the Russian Federation.
Topic 10 Theory of rational choice.
Topic 11 Coase Theorem. The concept of transaction costs.
Topic 12 Practice of accounting for transaction costs in cases on economic topics
Topic 13 Economic theory on ways of protecting civil rights.
Topic 14 Torts from the point of view of "Civil Law and Economics"
Topic 15 Antitrust disputes related to the application of the general part of the Civil Code of the Russian Federation.
Topic 16 Application of ideas from "Law and Economics" in resolving corporate disputes.
Topic 17 Application of cognitive structures "Law and Economics" in the consideration of bankruptcy cases
Topic 18 Application of ideas from “Law and Economics” in considering cases on the protection of rights to the results of intellectual activity (using the example of cases of “patent trolling”).
Topic 19 Ideas of “law and economics” in considering cases on the protection of the rights of tenants of residential premises (using the example of the Resolution of the Constitutional Court of the Russian Federation dated 02.06.2022 No. 23-P)
Topic 20 "Success Fee" in the context of "Law and Economics" using the example of the RF Constitutional Court Resolution of 23.01.2007 N 1-P
Topic 21 Liability for violation of intellectual property rights (using the example of the RF Constitutional Court Resolution of 13.12.2016 No. 28-P)
Topic 22 Standards of proof taking into account the amount of transaction costs (using the example of the Resolution of the Constitutional Court of the Russian Federation dated July 24, 2020 No. 40-P)
Topic 23 "Overdraft" in the Context of "Law and Economics" (using the example of the Ruling of the Constitutional Court of the Russian Federation dated 05.12.2019 N 3275-O)
Topic 24 Leasing in the context of “Law and Economics” (using the example of the RF Constitutional Court’s Definition of February 4, 2014 No. 222-O)
Topic 25 Negative externalities (using the example of the Resolution of the Constitutional Court of the Russian Federation of March 23, 2023 No. 9-P)
Topic 26 Pledge and mortgage (using the example of the RF Constitutional Court Resolution of April 15, 2020 No. 18-P)
Topic 27 Enforcement proceedings in the context of "Law and Economics" (using the example of the Resolution of the Constitutional Court of the Russian Federation of March 10, 2016 No. 7-P)

Элементы контроля

Written Essay
The purpose of the essay is to test students' ability to analyze the studied literature and judicial practice. In the form of an essay, students are asked to present their vision of a solution to an existing problem in science or practice within the framework of the course being studied. The essay is written by the student independently outside the classroom. Specific essay topics are determined by the teacher. An essay usually differs from a simple abstract (compilation) of sources by the student's pronounced creative, problematic approach to the presentation and analysis of the problem reflected in the title of the work. When completing the work, the student must demonstrate the ability to discover the essence of the legal problem, navigate the current legislation and law enforcement practice. Particular attention when evaluating the essay is paid to the student's ability to consistently, logically and competently present their opinions. The essay must contain a competently stated and reasoned position of the author. In terms of volume, the content of the essay should not exceed eight A4 sheets (Times New Roman font, font size 12-14, one and a half spacing). 1. If, when checking students' written work, including examination papers, a complete or partial match in the text of the answer is found for different students, and this match is not caused by citing the norms of the law or the judicial practice of higher courts, all students for whom a match is found are given a grade of 0 for the work, without clarifying the reasons for such a match. 2. The duration of each element of control, established by this program, includes the time of writing the element of control and the time of its submission when written in paper form, the time of its loading when completed in the SmartLMS system.
Seminar's Activity
For active work in seminar classes (discussing court cases, solving problems, participating in discussions), demonstrating preparation for the class and positively noted by the teacher in at least 60% of seminar classes, the student can receive 1 point for all seminar classes preceding the exam in total. For active work in seminar classes (discussing court cases, solving problems, participating in discussions), demonstrating preparation for the class and positively noted by the teacher in at least 75% of seminar classes, the student can receive 2 points for all seminar classes preceding the exam in total. If the student is insufficiently active in seminar classes, the student accordingly receives 0 points. The score received by the student is announced to him at the last seminar class and is taken into account when assigning the resulting and final grade for the discipline.
Oral Exam
The exam is conducted orally as follows: The student receives an exam ticket containing two questions. The first question is of a theoretical nature, the second question is based on the results of practical classes.

Промежуточная аттестация

2024/2025 2nd module
Formula for the resulting grade. Odisciplinary = k1 x Essay + k2 x Exam, + k3 x Seminars where: Odisciplinary – resulting grade (maximum – 10 points), k 1 = 5 , k 2 = k 3 = Essay points received for the essay (maximum 4 points), Exam points received for the exam (maximum 10 points), Seminars – points received for work in seminars: participation in the discussion of theoretical and practical issues, specific court cases, solving problems, etc. (maximum – 2 points). Rounding rules: from 0.1 to 0.4 – down, from 0.5 to 0.9 – up.

Список литературы

Авторы

Юсифов Юсиф Махияддин Оглы
Гаджиев Гадис Абдуллаевич

Бакалаврская программа «Юриспруденция»

Контакты

Электронный учебный офис

Научно-исследовательский семинар "Право и экономика"

Преподаватель

Программа дисциплины