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2012/2013 KAN-CMJ_J69 Chinese Commercial Law. Part 2
| English Title | |
| Chinese Commercial Law. Part 2 |
Course information |
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| Language | English |
| Exam ECTS | 7.5 ECTS |
| Type | Elective |
| Level | Full Degree Master |
| Duration | One Quarter |
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Autumn
Changes in course schedule may occur Friday 13.30-16.05, week 36-43 Friday 13.30-17.00, week 44 |
| Time Table | Please see course schedule at e-Campus |
| Study board |
Study Board for BSc/MSc in Business Administration and Commercial Law, MSc
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| Course coordinator | |
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Teacher: Professor Dr. SHEN Wei Shanghai Jiao Tong University KoGuan Law School Secretary: Susie Lund Hansen, slh.jur@cbs.dk |
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| Main Category of the Course | |
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| Last updated on 27-04-2012 | |
| Learning objectives | |||||||||||||||||||||||||||||||||||||||||||||
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Objective The aim of this course is to enable a student, as a future commercial/transactional lawyer or business executive, to be sensibly involved, at a basic level, in Chinese commercial legal transactions. To achieve this aim, when a student completes this course the student will be able, with an appropriate level of supervision, to – advise a client from his home country in regard to a range of commercial transactions in mainland China; liaise and work with a Chinese lawyer on each of the transactions; and perform his or her role as a foreign lawyer in these transactions. The course is to provide students with a sufficient level of knowledge on Chinese legal system and Chinese law including but not limited to company, foreign investment, banking, mergers and acquisitions and private equity. Some taxation and foreign exchanges rules will be discussed in relevant issues. |
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| Prerequisite | |||||||||||||||||||||||||||||||||||||||||||||
| Knowledge og Business Law is an advantage, but not a prerequisite. | |||||||||||||||||||||||||||||||||||||||||||||
| Examination | |||||||||||||||||||||||||||||||||||||||||||||
| Elective: Law | |||||||||||||||||||||||||||||||||||||||||||||
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| Examination | |||||||||||||||||||||||||||||||||||||||||||||
| Written, four hours, open book | |||||||||||||||||||||||||||||||||||||||||||||
| Course content | |||||||||||||||||||||||||||||||||||||||||||||
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Chinese Commercial Law (Part II)
Due to the global economic downturn and significance of China as the second largest economic power in the world, it is essential for commercial lawyers and business executives to acquire some basic knowledge of Chinese commercial law from a comparative perspective. Equipped with this knowledge, lawyers or business executives will be able to put themselves in the best possible strategic position when negotiating, drafting, performing and enforcing contracts in China-related legal transactions. All teaching in this course will be conducted in English and the teaching materials used are in English. Students do not have to speak, write or read Chinese to complete the course. However, students should be aware that, in practice, the ability to speak, read and write in the Chinese language will probably be necessary and beneficial to work on China-related transactions. Content Chinese company law Chinese foreign investment law Chinese financial law Chinese tax law (where relevant) Chinese foreign exchange control rules (where relevant) |
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| Teaching methods | |||||||||||||||||||||||||||||||||||||||||||||
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Lectures, seminars, exercises and cases. During lectures, an overview of the general rules and principles will be given. The purpose of seminars, exercises and cases is to discuss and apply the general rules and principles to real situations. Students are expected to be well-prepared and participate actively in class. For many commercial lawyers assisting their multinational clients investing into China, an important aspect of their work is their role in transactions involving mainland China. Most of these transactions are commercial transactions, and this course will focus only on those kinds of transactions. Even amongst commercial transactions, there are many types and the work that a foreign lawyer needs to do is varied and, in many cases, complex and difficult. This course only focuses on a few of those transactions: it is not possible in the time available to deal with all of them. One unique approach applied in this course is to follow a fairly simple transaction for a single client through from beginning to end. It will start with the client, who has never done business in the mainland China before, coming to the lawyer seeking advice and assistance. Then the client will decide on the type of business it wants to use, taking into account the many factors the client needs to consider. The client will then set up the business in mainland China. After that it will buy some materials and sell some products. It will also need to raise some money for the business. Unfortunately, a dispute will arise and the client will seek advice on how to deal with it. Part of the teaching in the course will follow this fact scenario and the small groups will involve working on various aspects of the transaction as it develops. In some weeks students will attend a large group, followed by a small group session, to carry out various exercises. |
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| Expected literature | |||||||||||||||||||||||||||||||||||||||||||||
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Chinese Commercial Law
Parts I & II READING LIST Please read relevant chapters and/or sections in the following materials according to the lecturer’s instruction from time to time. The lecturer may assign other reading materials from time to time.
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Last updated on 27-04-2012