Faculty of Law / BUSINESS LAW / SECURUTIES AND STOCK LAW

Course:SECURUTIES AND STOCK LAW/
Course IDCourse statusSemesterECTS creditsLessons (Lessons+Exercises+Laboratory)
11846Obavezan184+1+0
ProgramsBUSINESS LAW
Prerequisites
Aims Acquaint students with key terms in the area of securities law and stock exchange law, the development of this area of law and key challenges in development, the way in which they were overcome in the past and the possibilities of overcoming them when it comes to current challenges, analyze the key characteristics and types of securities in Montenegro, the method of their issuance, i.e. emission, clarify in detail the existing regulatory framework of the financial market, i.e. the securities market, introduce students to the way of operation of the key institutions of the financial market in Montenegro, as well as stakeholder groups, their interests, and institutional and non-institutional mechanisms for achieving them.
Learning outcomes After the student passes this exam, he will be able to: Explain and recognize the place in the legal system of basic legal terms in the area of securities law and stock market law; Delimit the domain of application of legal rules from the field of securities law, that is, stock exchange law and other branches of law; Correctly interprets the regulations governing the subject of securities law and stock exchange law, as well as to determine which legal rules are relevant for solving factual circumstances in complex cases; After determining the legal rules that must be applied to specific factual circumstances, he establishes the key legal relationships that are established by applying the appropriate legal rules, that is, regulations, which were studied during the semester; Based on acquired knowledge and skills, provide basic advisory services to potential clients.
Lecturer / Teaching assistantVladimir Savković, full professor
MethodologyTeaching methods include lectures by teachers and experts from practice, discussions, research and written projects or seminars, visits to relevant institutions/holders of public authority and individual assignments and activities.
Plan and program of work
Preparing weekPreparation and registration of the semester
I week lecturesIntroducing material that will be the subject of study during the semester, the basic teaching and examination methods process. Expression of mutual expectations in the teacher-student relationship; Sources of securities and stock market law rights; Development of the regulatory framework in the 19th and 20th centuries;
I week exercisesIntroducing material that will be the subject of study during the semester, the basic teaching and examination methods process. Expression of mutual expectations in the teacher-student relationship; Sources of securities and stock market law rights; Development of the regulatory framework in the 19th and 20th centuries;
II week lecturesGeneral characteristics (principles), differences in relation to other documents and importance (functions) of securities; Classification securities; Other general rules on harchis of value; Legal nature of securities;
II week exercises General characteristics (principles), differences in relation to other documents and importance (functions) of securities; Classification securities; Other general rules on harchis of value; Legal nature of securities;
III week lecturesSecurities with the right to participate - Shares: concept, characteristics, types and types (classes) of shares; Debt securities –– Bonds: Concept and types;
III week exercisesSecurities with the right to participate - Shares: concept, characteristics, types and types (classes) of shares; Debt securities –– Bonds: Concept and types;
IV week lecturesPromissory note: Concept and properties of promissory note, history, sources of law, legal nature, types, principles and elements of promissory note;
IV week exercisesPromissory note: Concept and properties of promissory note, history, sources of law, legal nature, types, principles and elements of promissory note;
V week lecturesBill of exchange operations: Bill of exchange forming operations, payment guarantee operations;
V week exercisesBill of exchange operations: Bill of exchange forming operations, payment guarantee operations;
VI week lecturesBill of exchange actions: actions of realization of the bill of exchange; Domiciled, blank and own promissory note; Unjustified enrichment i statute of limitations in promissory law;
VI week exercisesBill of exchange actions: actions of realization of the bill of exchange; Domiciled, blank and own promissory note; Unjustified enrichment i statute of limitations in promissory law;
VII week lecturesexam first
VII week exercises
VIII week lecturesCommodity securities: warehouse, bill of lading, bill of lading and documents of combined transportation of goods;
VIII week exercisesCommodity securities: warehouse, bill of lading, bill of lading and documents of combined transportation of goods;
IX week lecturesIdentification documents, insurance policy, credit card;
IX week exercisesIdentification documents, insurance policy, credit card;
X week lecturesexam second
X week exercises
XI week lecturesFinancial markets - organization, listing conditions; Participants in securities trading;
XI week exercisesFinancial markets - organization, listing conditions; Participants in securities trading;
XII week lecturesPractical teaching - visit to the stock exchange; Stock market business - concept, types and essential ingredients;
XII week exercisesPractical teaching - visit to the stock exchange; Stock market business - concept, types and essential ingredients;
XIII week lecturesIssue of securities (concept, legal nature, subjects of the issue, subject, procedure and types of issue of securities from values);
XIII week exercisesIssue of securities (concept, legal nature, subjects of the issue, subject, procedure and types of issue of securities from values);
XIV week lecturesPractical teaching: visit to the Securities Commission or guest lecturer - member of the Securities Commission from values; Issue of securities.
XIV week exercisesPractical teaching: visit to the Securities Commission or guest lecturer - member of the Securities Commission from values; Issue of securities.
XV week lecturesPractical teaching: defense of seminar papers and discussion of professional issues after the defense with the teacher and students with each other.
XV week exercisesPractical teaching: defense of seminar papers and discussion of professional issues after the defense with the teacher and students with each other.
Student workloadWeekly: 8 credits x 40/30 = 10 hours and 40 minutes Structure: 4 hours of lectures 1 hour of exercises 5 hours and 40 minutes of individual work student (preparation for laboratory exercises, for colloquiums, making homework tasks) including consultations Semester: Classes and final exam: (10 hours and 40 minutes) x 16 = 170 hours and 40 minutes Necessary preparation before the beginning of the semester (administration, enrollment, certification): 2 x (10 hours and 40 minutes) = 21 hours and 20 minutes Total workload for the course: 8 x 30 = 240 hours Supplementary work for exam preparation in the remedial exam period, including passing remedial exam from 0 - 30 hours. Load structure: 170 hours and 40 minutes (teaching) + 21 hours and 20 minutes (preparation) + 30 hours (overtime)
Per weekPer semester
8 credits x 40/30=10 hours and 40 minuts
4 sat(a) theoretical classes
0 sat(a) practical classes
1 excercises
5 hour(s) i 40 minuts
of independent work, including consultations
Classes and final exam:
10 hour(s) i 40 minuts x 16 =170 hour(s) i 40 minuts
Necessary preparation before the beginning of the semester (administration, registration, certification):
10 hour(s) i 40 minuts x 2 =21 hour(s) i 20 minuts
Total workload for the subject:
8 x 30=240 hour(s)
Additional work for exam preparation in the preparing exam period, including taking the remedial exam from 0 to 30 hours (remaining time from the first two items to the total load for the item)
48 hour(s) i 0 minuts
Workload structure: 170 hour(s) i 40 minuts (cources), 21 hour(s) i 20 minuts (preparation), 48 hour(s) i 0 minuts (additional work)
Student obligations Students are required to attend classes, participate in debates and take tests. Students who prepare a seminar paper make it public defense, while other students participate in the debate after the presentation of the work.
Consultations
LiteratureMirko Vasiljevic, Trade Law, Belgrade, edition of 2009 onwards (chapters according to the curriculum); Jovanović Nebojša, Stock Exchange Law, Belgrade, 2009 (chapters according to the curriculum), Securities Act ("Official Gazette of Montenegro", no. 59/00; 10/01; 28/06); "Official Gazette of Montenegro", no. 53/09 from 07.08.2009, 73/10 from 10.12.2010, 40/11 from 08.08.2012) (new Capital Market Law coming soon) Additional reading: Raj Pansar, Philip Boeckman, eds, European Securities Law, Oxford University Press, 2010. Marcus Best, Jean-Luc Soulier, eds, International Securities Law Handbook, Kluwer Law International, 2010
Examination methodsThe following are evaluated: - Two tests - up to 20 points (total maximum 40 points), - Practical teaching - up to 20 points. The share of practical classes in the total pool of 60 hours of classes/lectures (4 hours x 15 weeks): 20% or 12 hours of classes and 15 (15 weeks x 1 hour of exercises) hours of exercises. - up to 20 points. - Final exam up to 40 points
Special remarks
Comment
Grade:FEDCBA
Number of pointsless than 50 pointsgreater than or equal to 50 points and less than 60 pointsgreater than or equal to 60 points and less than 70 pointsgreater than or equal to 70 points and less than 80 pointsgreater than or equal to 80 points and less than 90 pointsgreater than or equal to 90 points

Faculty of Law / BUSINESS LAW / TAX PROCEDURE AND TAX ADMINISTRATION

Course:TAX PROCEDURE AND TAX ADMINISTRATION/
Course IDCourse statusSemesterECTS creditsLessons (Lessons+Exercises+Laboratory)
12621Obavezan174+1+0
ProgramsBUSINESS LAW
Prerequisites no
Aims At the end of the course from this subject, the student should be able to define and know the tax procedure and tax administration, to understand the tax principles derived from the constitutional principle of the rule of law, to explain the tax system of Montenegro and comparative experiences, to simulate and demonstrate the tax procedure for individual types of taxes in the Tax Law of Montenegro, to acquire knowledge in the field of customs, customs law of Montenegro and customs procedure.
Learning outcomes After the student passes this exam, he will be able to: define, recognize and describe the structure of tax law and explain taxes as the most important public revenue of modern states; explain the basic elements of tax law of modern countries, goals, effects of taxes, tax terminology, tax principles, double taxation, tax avoidance as well as other issues of tax law and their application in practice; recognize and define the key elements of certain tax forms (e.g. income tax, profit tax, value added tax, property tax) on a theoretical and practical level - Montenegro and comparative experiences, especially considering the compatibility of Montenegrin tax law with European law union; to acquire knowledge in the field of customs, customs law of Montenegro and customs procedure.
Lecturer / Teaching assistantProf. dr Gordana Paovic Jeknic, lecturer Milana Rankovic, LL.M Assistant
Methodologylectures by teachers and experts from practice, practice in the Tax Administration of Montenegro and other state bodies, discussions, research, seminars and individual assignments and activities.
Plan and program of work
Preparing weekPreparation and registration of the semester
I week lecturesTax law as part of the legal system, Law on Tax Administration
I week exercisesSeminar classes
II week lecturesPrinciples of tax law derived from the constitutional principle of the rule of law
II week exercises Seminar classes
III week lecturesTax administration bodies, tax procedure
III week exercisesSeminar classes
IV week lecturesTax proceedings before the court
IV week exercisesSeminar classes
V week lecturesTax-legal relationship, tax-property relationship and emergence of tax liability, provision of tax liability, termination of tax liability, request for tax refund.
V week exercisesSeminar classes
VI week lecturesTax administrative relationship (concept, types and origin of tax administrative relationship, parties, content and subject of tax-administrative relationship, termination of tax-administrative relationship).
VI week exercises
VII week lecturesConflict of tax laws
VII week exercises
VIII week lecturesTax system of Montenegro, tax classification: personal income tax, corporate profit tax and property tax.
VIII week exercises
IX week lecturesPractical teaching: practice in state bodies, guest lecture by a tax expert.
IX week exercisesSeminar classes
X week lecturesConsumption taxes, value added tax, excise duties.
X week exercisesSeminar classes
XI week lecturesPractical education: Practice in state bodies.
XI week exercises
XII week lecturesColloquium
XII week exercises
XIII week lecturesCustoms duties, types of customs duties, customs terminology, object of customs clearance, customs debtor, customs base, creation of customs debt, procedure for determination and collection of customs duties, customs rates, customs privileges, CEFTA and WTO.
XIII week exercisesSeminar classes
XIV week lecturesFinal test
XIV week exercises
XV week lecturesFinal test
XV week exercises
Student workloadWeekly: 8 credits x 40/30 = 10 hours and 40 minutes Structure: 3 hours of lectures, 1 hour of exercises, 6 hours and 40 minutes of independent work. In the semester: Classes and final exam (9 hours 20 minutes) x 16 = 149 hours 20 minutes Necessary preparations before the beginning of the semester (administration, registration, certification) 2x (9 hours and 20 minutes) = 18 hours and 40 minutes Total workload for the course: 7x30=210 hours Supplementary work for exam preparation in the make-up exam period, including taking the make-up exam from 0 to 30 hours. Load structure: 149 hours and 20 minutes (teaching) + 18 hours and 40 minutes (preparation) + 30 hours of supplementary work
Per weekPer semester
7 credits x 40/30=9 hours and 20 minuts
4 sat(a) theoretical classes
0 sat(a) practical classes
1 excercises
4 hour(s) i 20 minuts
of independent work, including consultations
Classes and final exam:
9 hour(s) i 20 minuts x 16 =149 hour(s) i 20 minuts
Necessary preparation before the beginning of the semester (administration, registration, certification):
9 hour(s) i 20 minuts x 2 =18 hour(s) i 40 minuts
Total workload for the subject:
7 x 30=210 hour(s)
Additional work for exam preparation in the preparing exam period, including taking the remedial exam from 0 to 30 hours (remaining time from the first two items to the total load for the item)
42 hour(s) i 0 minuts
Workload structure: 149 hour(s) i 20 minuts (cources), 18 hour(s) i 40 minuts (preparation), 42 hour(s) i 0 minuts (additional work)
Student obligations Students are required to attend classes, practice, participate in debates and prepare tests. Students who prepare a seminar paper are obliged to submit it within the given deadline and to defend it publicly, while others participate in the debate after the presentation of the paper.
Consultations
LiteratureD. Popović, Poresko Pravo, Pravni fakultet Beograd, 2015. B. Jeličić, O.Lončarić-Horvat, J. Šimović, H. Arbutina, Finansijsko pravo i finansijka znanost, Zagreb 2002. D.Aleksić, G. Paović-Jeknić, Finansije i finansijsko pravo, Pravni fakultet, Podgorica 2000. JU. Šimović, H. Šimović, Fiskalni sustav i fiskalna politika EU, Univerzitet u Zagrebu, 2006. G. Paović-Jeknić, Budžetsko Pravo, Pravni fakultet u Podgorici, 2007. D. Popović, Nauka o porezima i poresko pravo, Univerzitet u Beogradu, 1997. M. Anđelković, Javne finansije i finansijsko pravo, Pravni fakultet u Nišu, 2018. Ben Terra, Peter Watte, European Tax Law.
Examination methodsColloquium - 40 points; Final exam - 40 points; Seminar paper with defense - 20 points;
Special remarks
Comment
Grade:FEDCBA
Number of pointsless than 50 pointsgreater than or equal to 50 points and less than 60 pointsgreater than or equal to 60 points and less than 70 pointsgreater than or equal to 70 points and less than 80 pointsgreater than or equal to 80 points and less than 90 pointsgreater than or equal to 90 points

Faculty of Law / BUSINESS LAW / LAW OF ARBITRATION

Course:LAW OF ARBITRATION/
Course IDCourse statusSemesterECTS creditsLessons (Lessons+Exercises+Laboratory)
12622Obavezan184+1+0
ProgramsBUSINESS LAW
Prerequisites no
Aims Introducing students to the basic concepts of arbitration dispute resolution
Learning outcomes After the student passes this exam, he will be able to: - explain the difference between arbitration and court dispute resolution -determine which type of arbitration dispute resolution best suits the specific case - institutions which legal sources should be applied - if it is an international commercial arbitration, under what conditions its decision produces effects
Lecturer / Teaching assistantProf. dr Maja Kostić- Mandić,lecturer; LL.M Milana Ranković, Assistant.
MethodologyLectures, practical forms of teaching (case studies, defense of seminar papers and discussions), exercises, consultations
Plan and program of work
Preparing weekPreparation and registration of the semester
I week lecturesIntroductory remarks on the subject and literature
I week exercisesPractical sessions
II week lecturesThe concept and history of arbitration, the relationship with court proceedings and alternative dispute resolution methods
II week exercises Practical sessions
III week lecturesTypes of arbitration (domestic and foreign, internal and international, institutional and ad hoc, for settling investment disputes, etc.)
III week exercisesPractical sessions
IV week lecturesLegal sources (domestic and foreign, hierarchy of sources) Arbitration Law, UNCITRAL Model Law, European Convention on International Commercial Arbitration, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards ​
IV week exercisesPractical sessions
V week lecturesArbitration agreement, practical teaching: case studies
V week exercisesPractical sessions
VI week lecturesCompetence - Competence; Competence of the Arbitral Tribunal
VI week exercisesPractical sessions
VII week lecturesArbitrators (selection and appointment of arbitrators, impartiality and independence of arbitrators, termination of duties), practical teaching
VII week exercisesPractical sessions
VIII week lecturesColloquium
VIII week exercisesColloquium
IX week lecturesProcedure before arbitration (general characteristics, course of the procedure, procedure according to the UNCITRAL Arbitration Rules and the rules of the domestic and most famous foreign institutional arbitrations), practical teaching: case studies
IX week exercisesPractical sessions
X week lecturesApplicable law (autonomy of the will, by equity, lex mercatoria), practical teaching: case studies
X week exercisesPractical sessions
XI week lecturesArbitral Award
XI week exercisesPractical sessions
XII week lecturesRole of the Court in International Arbitration. Setting aside of Arbitral Awards.
XII week exercisesPractical sessions
XIII week lecturesRecognition and enforcement of arbitral awards
XIII week exercisesPractical sessions
XIV week lecturesPreparation for Final Exam
XIV week exercisesPractical sessions
XV week lecturesFinal Exam
XV week exercisesFinal Exam
Student workloadClasses and final exam: 85 hours Necessary preparations (administration, registration, certification before the beginning of the semester): 10 hours Total workload for the course: 120 hours Additional work: 25 hours Load structure: 85 hours (teaching) + 10 (preparation) + 25 (additional work)
Per weekPer semester
8 credits x 40/30=10 hours and 40 minuts
4 sat(a) theoretical classes
0 sat(a) practical classes
1 excercises
5 hour(s) i 40 minuts
of independent work, including consultations
Classes and final exam:
10 hour(s) i 40 minuts x 16 =170 hour(s) i 40 minuts
Necessary preparation before the beginning of the semester (administration, registration, certification):
10 hour(s) i 40 minuts x 2 =21 hour(s) i 20 minuts
Total workload for the subject:
8 x 30=240 hour(s)
Additional work for exam preparation in the preparing exam period, including taking the remedial exam from 0 to 30 hours (remaining time from the first two items to the total load for the item)
48 hour(s) i 0 minuts
Workload structure: 170 hour(s) i 40 minuts (cources), 21 hour(s) i 20 minuts (preparation), 48 hour(s) i 0 minuts (additional work)
Student obligations Attendance and active participation in forms of practical teaching
ConsultationsWednesday 9-13 h
Literature- Gašo Knežević, Vladimir Pavić, Arbitraža i ADR, Pravni fakultet Univerziteta u Beogradu, 2009. - Maja Stanivuković, Međunarodna arbitraža, Službeni glasnik, Beograd, 2013. - Maja Kostić-Mandić, Međunarodno privatno pravo, Pravni fakultet UCG, Podgorica, 2017. - Zakon o arbitražama (Sl. list CG br. 47/2015) -Evropska konvencija o međunarodnoj trgovačkoj arbitraži iz 1961. -Njujorška konvencija o priznanju i izvršenju inostranih arbitražnih odluka iz 1958.
Examination methodsForms of knowledge assessment are a colloquium (test), remedial colloquium (test), final exam and remedial exam (in oral form) and an exam in the August period (solving cases). Evaluated: - Colloquium - up to 40 points - Seminar work and participation in other forms of practical teaching - up to 20 points - Final exam – up to 40 points - A passing grade is obtained if at least 50 points are accumulated cumulatively
Special remarks
Comment
Grade:FEDCBA
Number of pointsless than 50 pointsgreater than or equal to 50 points and less than 60 pointsgreater than or equal to 60 points and less than 70 pointsgreater than or equal to 70 points and less than 80 pointsgreater than or equal to 80 points and less than 90 pointsgreater than or equal to 90 points

Faculty of Law / BUSINESS LAW / BUSINESS AND LEGAL ETHICS

Course:BUSINESS AND LEGAL ETHICS/
Course IDCourse statusSemesterECTS creditsLessons (Lessons+Exercises+Laboratory)
12623Obavezan174+1+0
ProgramsBUSINESS LAW
Prerequisites -
Aims The course goal is to introduce students to the essential principles and categories of ethics, the development and issues of applied ethics, ethical problems of the legal profession, especially the basic features of professional ethics of judges and lawyers, with a special emphasis on the application of business ethics. Additionally, significant codes of professional ethics (e.g., the Code of Ethics for Lawyers of the European Union and various codes of business conduct) will be analyzed.
Learning outcomes After passing this exam, students will be able to: recognize and describe basic ethical categories; recognize and describe different theoretical approaches to the issue of ethical discourse in law; define the basic rules of ethics for legal professions (e.g., professional ethics of lawyers); analyze the most significant codes of professional ethics; analyze and explain different codes of business ethics and business conduct.
Lecturer / Teaching assistantFull professor Marko Dokić, PhD
Methodologylectures, exercises, consultations, practical classes.
Plan and program of work
Preparing weekPreparation and registration of the semester
I week lecturesIntroduction lecture
I week exercises
II week lecturesBasic ethical categories
II week exercises
III week lecturesConcept, elements, and functions of morals
III week exercises
IV week lecturesEthical sources of law
IV week exercises
V week lecturesThe role of lawyers in practice
V week exercises
VI week lecturesProfessional ethics of the judicial profession
VI week exercises
VII week lecturesProfessional ethics of lawyers
VII week exercises
VIII week lecturesPractical class: Code of Professional Ethics for Lawyers
VIII week exercises
IX week lecturesColloquium
IX week exercises
X week lecturesColloquium - second term
X week exercises
XI week lecturesSubject and method of business ethics
XI week exercises
XII week lecturesConcept and development of business ethics
XII week exercises
XIII week lecturesBusiness moral practice
XIII week exercises
XIV week lecturesApplication of business ethics
XIV week exercises
XV week lecturesPractical class / Business communications
XV week exercises
Student workload
Per weekPer semester
7 credits x 40/30=9 hours and 20 minuts
4 sat(a) theoretical classes
0 sat(a) practical classes
1 excercises
4 hour(s) i 20 minuts
of independent work, including consultations
Classes and final exam:
9 hour(s) i 20 minuts x 16 =149 hour(s) i 20 minuts
Necessary preparation before the beginning of the semester (administration, registration, certification):
9 hour(s) i 20 minuts x 2 =18 hour(s) i 40 minuts
Total workload for the subject:
7 x 30=210 hour(s)
Additional work for exam preparation in the preparing exam period, including taking the remedial exam from 0 to 30 hours (remaining time from the first two items to the total load for the item)
42 hour(s) i 0 minuts
Workload structure: 149 hour(s) i 20 minuts (cources), 18 hour(s) i 40 minuts (preparation), 42 hour(s) i 0 minuts (additional work)
Student obligations
Consultations
LiteratureIntroduction to Ethics, by Peter Singer, Zoran Stojanović Publishing Bookstore, Sremski Karlovci-Novi Sad, 2004. James E. Moliterno, Legal Ethics, USAID-NCSC, Belgrade, 2006 (materials for the Legal Ethics course for law faculties in Serbia). Milan Miljević, Business Ethics and Communication, Singidunum University, Belgrade, 2010.
Examination methodsColloquim – up to 50 points Final exam – up to 50 points
Special remarks
Comment
Grade:FEDCBA
Number of pointsless than 50 pointsgreater than or equal to 50 points and less than 60 pointsgreater than or equal to 60 points and less than 70 pointsgreater than or equal to 70 points and less than 80 pointsgreater than or equal to 80 points and less than 90 pointsgreater than or equal to 90 points

Faculty of Law / BUSINESS LAW / EU LAW OF INTERNAL MARKET

Course:EU LAW OF INTERNAL MARKET/
Course IDCourse statusSemesterECTS creditsLessons (Lessons+Exercises+Laboratory)
12624Obavezan284+1+0
ProgramsBUSINESS LAW
Prerequisites /
Aims At the end of the course, the student should be equipped to understand the key principles of economic integration among the member states of the European Union. This includes comprehension of the unique regulatory framework of the European Unions internal market established by the founding treaties of the European Union, secondary sources of European Union law (regulations directly applicable in the member states of the European Union and directives subject to transposition), and the jurisprudence of the Court of Justice of the European Union. The student should be able to recognize and apply, in specific examples or cases, the fundamental rules and specific legal standards based on which the four fundamental freedoms are realized within the internal market: the freedom of movement of people, goods, services, and capital.
Learning outcomes At the end of the course, the student should be equipped to understand the key principles of economic integration among the member states of the European Union. This includes comprehension of the unique regulatory framework of the European Unions internal market established by the founding treaties of the European Union, secondary sources of European Union law (regulations directly applicable in the member states of the European Union and directives subject to transposition), and the jurisprudence of the Court of Justice of the European Union. The student should be able to recognize and apply, in specific examples or cases, the fundamental rules and specific legal standards based on which the four fundamental freedoms are realized within the internal market: the freedom of movement of people, goods, services, and capital.
Lecturer / Teaching assistantProf. dr Vladimir Savković, dr Sanja Grbović
MethodologyTeaching methods include lectures by teachers and experts from practice, discussions, research, written projects or seminars, and individual assignments and activities.
Plan and program of work
Preparing weekPreparation and registration of the semester
I week lecturesFamiliarization with the subject that will be studied during the semester, basic methods of teaching and examination processes. Presentation of mutual expectations in the teacher-student relationship; Concept and sources of law in the internal market of the European Union; Basic principles of union law in the function of protection (the four freedoms of movement within the internal market)
I week exercises
II week lecturesBeginnings and development of the European Union and the internal market from the European Coal and Steel Community to the Lisbon Treaty; The internal market of the European Union – establishment, constitutional definition, and basic principles; Harmonization of national regulations; Union citizenship: concept and institutional framework; Directive on the rights of European Union citizens (V. Savković, Internal Market Law, pp. 21 – 33; Z. Meškić, D. Samardžić, EU Law, pp. 257 - 269).
II week exercises
III week lecturesThe internal market – Positive and negative integration; Common system of basic freedoms within the internal market of the European Union: number of freedoms, division, scope of application; obligations bearers – addressees. (Z. Meškić, D. Samardžić, EU Law, pp. 289 – 315; Presentation)
III week exercises
IV week lecturesFreedom of movement of goods within the internal market – scope of application: customs union, quantitative and equivalent restrictions, Dassonville formula, and beyond; allowed limitations (Z. Meškić, D. Samardžić, EU Law, pp. 316 – 336; Presentation)
IV week exercises
V week lecturesI Colloquium – Material of the I, II, III, and IV week
V week exercises
VI week lecturesFreedom of movement of workers (labor force) within the internal market: Scope of application; Concept of workers in EU law; Scope of protection; Allowed restrictions (Z. Meškić, D. Samardžić, EU Law, pp. 336 – 353; Presentation)
VI week exercises
VII week lecturesFreedom of establishment (business freedom) (One or two freedoms – difference compared to the freedom to provide services?; Ratione teritoriae and ratione personae jurisdiction: individuals and legal entities as bearers of the freedom of establishment; Primary and secondary business establishment; prohibition of restrictions and permitted exceptions); (Z. Meškić, D. Samardžić, EU Law, pp. 353 – 367; Presentation)
VII week exercises
VIII week lecturesFreedom to provide services within the internal market: Concept of service; passive and negative freedom to provide services; prohibition of restrictions and permitted exceptions) (Z. Meškić, D. Samardžić, EU Law, pp. 367 - 374; Presentation)
VIII week exercises
IX week lecturesII Colloquium – Material VI, VII, and VIII weeks
IX week exercises
X week lecturesPresentations according to the schedule of (group) seminar papers - thematic categories of cases of the Court of Justice of the European Union and discussions. Horizontal direct effect of basic freedoms within the internal market and its alternatives (expanded vertical effect): Principle of direct (horizontal and vertical) effect of EU law; Private law subjects as obliged to apply freedom of movement of workers, freedom of establishment, and freedom to provide services; Expanded vertical effect of freedom of movement of goods as an alternative to horizontal direct effect; Case Fra.bo. (V. Savković, Internal Market Law EU - private law aspects, pp. 35 – 49, 102 – 143, and 165 – 190; Presentation)
X week exercises
XI week lecturesDay off
XI week exercises
XII week lecturesPresentations according to the schedule of (group) seminar papers - thematic categories of cases of the Court of Justice of the European Union and discussions.
XII week exercises
XIII week lecturesFreedom of movement of capital and freedom of payment transactions: Concept, sources, basic concepts, and scope of application; Special rights – "golden shares" as a path to the horizontal direct effect of freedom of movement of capital? (V. Savković, Internal Market Law EU - private law aspects, pp. 191 – 213, Z. Meškić, D. Samardžić, EU Law, pp. 374 – 381; Presentation)
XIII week exercises
XIV week lecturesPresentations according to the schedule of (group) seminar papers - thematic categories of cases of the Court of Justice of the European Union and discussions.
XIV week exercises
XV week lecturesMake-up exams for the I and II Colloquium.
XV week exercises
Student workload
Per weekPer semester
8 credits x 40/30=10 hours and 40 minuts
4 sat(a) theoretical classes
0 sat(a) practical classes
1 excercises
5 hour(s) i 40 minuts
of independent work, including consultations
Classes and final exam:
10 hour(s) i 40 minuts x 16 =170 hour(s) i 40 minuts
Necessary preparation before the beginning of the semester (administration, registration, certification):
10 hour(s) i 40 minuts x 2 =21 hour(s) i 20 minuts
Total workload for the subject:
8 x 30=240 hour(s)
Additional work for exam preparation in the preparing exam period, including taking the remedial exam from 0 to 30 hours (remaining time from the first two items to the total load for the item)
48 hour(s) i 0 minuts
Workload structure: 170 hour(s) i 40 minuts (cources), 21 hour(s) i 20 minuts (preparation), 48 hour(s) i 0 minuts (additional work)
Student obligations Students are required to attend classes, participate in debates, and take tests. Students preparing seminar papers publicly defend their work, while other students participate in a debate following the presentation of the paper.
ConsultationsAfter the lecture
LiteratureVladimir Savković, Law of the European Union Internal Market – Private Law Aspects, Podgorica, 2019 (chapters according to the curriculum). Zlatan Meškić, Darko Samardžić, European Union Law I, Sarajevo, 2012 (chapters according to the curriculum). Treaty on the Functioning of the European Union – TFEU (primarily: articles 28 – 66). Official presentations from lectures (available on the website: https://www.mleuim.ucg.ac.me).
Examination methodsEvaluation is based on: First colloquium - up to 25 points Second colloquium - up to 25 points Seminar paper/Analysis (categories) of cases from the Court of Justice of the EU - up to 30 points (attendance in the sessions where other students present their seminar papers is mandatory for all other students who have submitted seminar papers and it is a condition that they defend them themselves) Final exam - up to 20 points. A passing grade is achieved if a cumulative total of at least 50 points is obtained.
Special remarks
Comment
Grade:FEDCBA
Number of pointsless than 50 pointsgreater than or equal to 50 points and less than 60 pointsgreater than or equal to 60 points and less than 70 pointsgreater than or equal to 70 points and less than 80 pointsgreater than or equal to 80 points and less than 90 pointsgreater than or equal to 90 points

Faculty of Law / BUSINESS LAW / INSURANCE LAW

Course:INSURANCE LAW/
Course IDCourse statusSemesterECTS creditsLessons (Lessons+Exercises+Laboratory)
12625Obavezan274+1+0
ProgramsBUSINESS LAW
Prerequisites No
Aims Course objectives: Students will: master the basics and principles of insurance law; acquire knowledge about the insurance contract, the rights and obligations of the parties to the insurance and reinsurance contract, the types of insurance, understand the importance and necessity of insurance and that the acquired knowledge can be applied to real situations; to get acquainted with the advantages, limitations, functions and costs, technical and legal aspects of insurance; get acquainted with all aspects of the nature and role of insurance in the country as well as achievements in this field in developed countries, from basic principles to business operations and the functioning of the insurance market.
Learning outcomes Learning Outcomes - After passing this exam the student will be able to: define the basic types of insurance; define the sources of insurance rights and critically evaluates and recognizes the role of insurance in business; single out specific institutes of insurance law in the context of (international) trade; explain the ratio of the regulation of relations between the contracting parties of individual insurance contracts, as well as the position of third parties in those relations; discus the role and importance of the institute of liability insurance; interpret individual institutes of insurance rights contained in contracts, and apply them correctly in practice; use regulations and domestic and foreign professional literature on insurance law; compare the legal standardization of relations that arise in individual insurance contracts; the level of legal regulation of the rights and obligations of the parties in insurance contracts in relation to the right of the parties to independently regulate certain issues of their relationship; critically consider the quality of legislative changes and actions in practice.
Lecturer / Teaching assistantDoc. dr Nikola Dožić
MethodologyTeaching methods and learning outcomes: Teaching methods include lectures by teachers and experts in practice, discussions, research and written projects or seminars, individual assignments and activities, including the analysis of examples from practice. Practical classes are taught during classes scheduled for lectures (10 hours) and exercises (15 hours) and include: lectures by guest lecturers, visits to the Insurance Supervision Agency - regulator of the insurance market in Montenegro, as well as selected insurance companies dealing with life and non-life insurance, acquaintance with the case law of Montenegrin courts and the European Court (in court and / or within the teaching at the faculty), analysis of case law by students.
Plan and program of work
Preparing weekPreparation and registration of the semester
I week lecturesThe role and importance of insurance; Historical development of insurance; the concept and definition of insurance; sources of insurance law, sources of status law, sources of law of obligations
I week exercisesThe role and importance of insurance; Historical development of insurance; the concept and definition of insurance; sources of insurance law, sources of status law, sources of law of obligations
II week lecturesTypes of insurance; Basic concepts (elements) of insurance; persons entitled to insurance;
II week exercises Types of insurance; Basic concepts (elements) of insurance; persons entitled to insurance;
III week lecturesOrigin and duration of insurance.
III week exercisesOrigin and duration of insurance.
IV week lecturesInsurance contract (elements of the insurance contract, characteristics of the insurance contract, insurance policy, obligations of the parties)
IV week exercisesInsurance contract (elements of the insurance contract, characteristics of the insurance contract, insurance policy, obligations of the parties)
V week lecturesPractical classes - analysis of examples and case law (venue: Faculty of Law); Insurance contract (liability, insurance conditions, statute of limitations, transfer of contract);
V week exercisesPractical classes - analysis of examples and case law (venue: Faculty of Law); Insurance contract (liability, insurance conditions, statute of limitations, transfer of contract);
VI week lecturesPractical classes - visit to the Insurance Supervision Agency (venue: headquarters of the Insurance Supervision Agency); Insurance for someone elses account; termination of insurance; Relationship between insurance and civil liability; Loss of insurance rights;
VI week exercisesPractical classes - visit to the Insurance Supervision Agency (venue: headquarters of the Insurance Supervision Agency); Insurance for someone elses account; termination of insurance; Relationship between insurance and civil liability; Loss of insurance rights;
VII week lecturesColloquium / test
VII week exercisesColloquium / test
VIII week lecturesProperty insurance contract; principles; fee; assessment and payment of insurance compensation; transfer of insurance contracts; subrogation.
VIII week exercisesProperty insurance contract; principles; fee; assessment and payment of insurance compensation; transfer of insurance contracts; subrogation.
IX week lecturesCorr.colloquium / makeup test
IX week exercisesCorr.colloquium / makeup test
X week lecturesThe value of the insured thing; Over insurance; Multiple and double insurance; Reinsurance
X week exercisesThe value of the insured thing; Over insurance; Multiple and double insurance; Reinsurance
XI week lecturesLiability insurance; general rules; legal relations between insurers and insured persons; legal status of third parties; damaged as a creditor of the insured and the insurer.
XI week exercisesLiability insurance; general rules; legal relations between insurers and insured persons; legal status of third parties; damaged as a creditor of the insured and the insurer.
XII week lecturesPractical classes - visit to an insurance company dealing with non-life insurance (venue: headquarters insurance companies);
XII week exercisesPractical classes - visit to an insurance company dealing with non-life insurance (venue: headquarters insurance companies);
XIII week lecturesCompulsory liability insurance for users or owners of motor vehicles
XIII week exercisesCompulsory liability insurance for users or owners of motor vehicles
XIV week lecturesLife insurance
XIV week exercisesLife insurance
XV week lecturesPractical classes - visit to an insurance company dealing with life insurance business (venue: the seat of the insurance company); Accident insurance contract; Reinsurance
XV week exercisesPractical classes - visit to an insurance company dealing with life insurance business (venue: the seat of the insurance company); Accident insurance contract; Reinsurance
Student workload
Per weekPer semester
7 credits x 40/30=9 hours and 20 minuts
4 sat(a) theoretical classes
0 sat(a) practical classes
1 excercises
4 hour(s) i 20 minuts
of independent work, including consultations
Classes and final exam:
9 hour(s) i 20 minuts x 16 =149 hour(s) i 20 minuts
Necessary preparation before the beginning of the semester (administration, registration, certification):
9 hour(s) i 20 minuts x 2 =18 hour(s) i 40 minuts
Total workload for the subject:
7 x 30=210 hour(s)
Additional work for exam preparation in the preparing exam period, including taking the remedial exam from 0 to 30 hours (remaining time from the first two items to the total load for the item)
42 hour(s) i 0 minuts
Workload structure: 149 hour(s) i 20 minuts (cources), 18 hour(s) i 40 minuts (preparation), 42 hour(s) i 0 minuts (additional work)
Student obligations Students are required to attend classes, participate in debates and take tests. Students who prepare a seminar paper publicly defend it, while other students participate in the debate after the presentation of the paper.
ConsultationsConsultations are organised dring the working days from 10 to 11.
LiteratureLiterature: Compulsory literature: Predrag Šulejić, Pravo osiguranja, Pravni fakultet, Beograd Additional literature: Dragan Mrkšić, Zdravko Petrović, Katarina Ivančević, Pravo osiguranja, Službeni glasnik, Beograd 2008.god Jasna Pak, Pravo osiguranja, Berograd, 2011. Zdravko Petrović, Vladimir Čolović, Istorija osiguranja u Srbiji, Crnoj Gori i Jugoslaviji do 1941. godine, Dosije, 2013 Pavić, Drago, Ugovorno pravo osiguranja, Tectus, 2009 Pavić, Drago , Pomorsko imovinsko pravo, Književni krug, 2006 Nataša S. Petrović Tomić, Zaštita potrošača usluga osiguranja, Pravni fakultet Univerziteta u Beogradu, 2015
Examination methodsForms of knowledge assessment and grading: Evaluated: Colloquium in the form of a test (up to 40 points). A student who takes the remedial colloquium will have his points from the regular colloquium canceled. Practical classes and term (seminar) paper up to 20 points (seminar classes are realized in classes intended for exercises); - Final exam in the form of a test - (up to 40 points).
Special remarksNo
CommentNo
Grade:FEDCBA
Number of pointsless than 50 pointsgreater than or equal to 50 points and less than 60 pointsgreater than or equal to 60 points and less than 70 pointsgreater than or equal to 70 points and less than 80 pointsgreater than or equal to 80 points and less than 90 pointsgreater than or equal to 90 points

Faculty of Law / BUSINESS LAW / COMPETITION LAW

Course:COMPETITION LAW/
Course IDCourse statusSemesterECTS creditsLessons (Lessons+Exercises+Laboratory)
12626Obavezan284+1+0
ProgramsBUSINESS LAW
Prerequisites /
Aims Competition law is a subject that deals with Montenegrin and European competition law and market competition. The main substantive areas of competition law include agreements that restrict market competition, abuse of dominant position, and concentrations of entrepreneurs. Additionally, the subject explains procedural and status aspects of competition law, such as the role of national and European bodies for the protection of market competition. The subject also covers the prohibition of state aid. After successfully mastering the subject, the student can: define the concept and purpose of competition law; identify sources of competition law; describe the historical development of competition law; recognize bodies ensuring free market competition; explain the concept of relevant market; discuss prohibited agreements and the consequences of such agreements; explain the concept and consequences of monopolistic behavior and concentrations; name bodies ensuring free market competition; discuss state aid; explain the impact of economic theories on qualifying specific violations of market competition.
Learning outcomes After successfully mastering the subject, the student will be able to: apply relevant legal rules and institutes; interpret the role of competition law in the state as a whole; independently use regulations in the field of competition law; independently conduct research on sources to find the most appropriate solution in a specific situation; differentiate between public law and private law protection; analyze concepts of market power and relevant market; categorize different types of restrictions on market competition through cartels; distinguish different manifestations of prohibited agreements (horizontal and vertical), abuse of dominant position, and concentration; examine the concepts of prohibited agreements, abuse of a dominant position in the market, and prohibited concentrations of entrepreneurs - propose specific measures of protection against unlawful actions of entrepreneurs to the injured client; formulate measures of market competition protection that competent regulators can take; devise how to submit a concentration application to the relevant body; construct hypothetical cases of market competition violation.
Lecturer / Teaching assistantprof. dr Dražen Cerović
MethodologyTeaching methods include lectures by teachers and experts from practice, discussions, research and written projects or seminars, individual tasks and activities, including comparative examples from European practice. The teaching involves a systematic overview of the material with an interactive approach and participants involvement in discussion and problem-solving.
Plan and program of work
Preparing weekPreparation and registration of the semester
I week lecturesCompetition and Competition Law; Definition of the concept of competition; Effects of competition; Concept of perfect competition;
I week exercises
II week lecturesDefinition of the concept of competition infringement;Definition of competition policy and law; Brief history of competition law;
II week exercises
III week lecturesMonopoly and monopolistic behavior; Effects of monopolistic behavior; Economic regulation and competition law; Definition and basic mechanisms of cartels;
III week exercises
IV week lecturesLegal aspects of cartel treatment (including mechanisms and exemptions); Legal aspects of treatment of other horizontal agreements (including mechanisms and exemptions);
IV week exercises
V week lecturesPractical training – guest lectures by experts - practitioners in the field of competition law (venue: Faculty of Law);
V week exercises
VI week lecturesColloquium
VI week exercises
VII week lecturesLegal aspects of treatment of vertical agreements (including mechanisms and exemptions); Dominant position and its abuse; Legal treatment of abuse of dominant position towards consumers;
VII week exercises
VIII week lecturesColloquium
VIII week exercises
IX week lecturesDefinition and types of concentrations; Legal treatment of concentration control; Concept and types of state aid; State aid control; State aid control in the EU and beyond EU;
IX week exercises
X week lecturesCompetition law institutions; Legal solutions from the Law on Protection of Competition in Montenegro; Competencies of the Competition Protection Agency;
X week exercises
XI week lecturesApplication of the General Administrative Procedure Act and the Misdemeanor Procedure Act in the work of the Competition Protection Agency; State aid control: legal treatment and mechanisms of state aid control;
XI week exercises
XII week lecturesPractical training – visit to the Competition Protection Agency and insight into the conduct of procedures (venue: Competition Protection Agency)
XII week exercises
XIII week lecturesProcedural competition law; Jurisdiction;
XIII week exercises
XIV week lecturesProcedure and decision-making standards; Sanctions;
XIV week exercises
XV week lecturesLegal remedies against decisions of the Competition Protection Agency.
XV week exercises
Student workload
Per weekPer semester
8 credits x 40/30=10 hours and 40 minuts
4 sat(a) theoretical classes
0 sat(a) practical classes
1 excercises
5 hour(s) i 40 minuts
of independent work, including consultations
Classes and final exam:
10 hour(s) i 40 minuts x 16 =170 hour(s) i 40 minuts
Necessary preparation before the beginning of the semester (administration, registration, certification):
10 hour(s) i 40 minuts x 2 =21 hour(s) i 20 minuts
Total workload for the subject:
8 x 30=240 hour(s)
Additional work for exam preparation in the preparing exam period, including taking the remedial exam from 0 to 30 hours (remaining time from the first two items to the total load for the item)
48 hour(s) i 0 minuts
Workload structure: 170 hour(s) i 40 minuts (cources), 21 hour(s) i 20 minuts (preparation), 48 hour(s) i 0 minuts (additional work)
Student obligations Students are required to attend classes, participate in debates, and take tests. Students preparing a seminar paper defend it publicly, while other students participate in a debate after the presentation of the paper.
Consultations
LiteratureBegović B., Pavić V., Popović B. D., Introduction to Competition Law, Faculty of Law, University of Belgrade (2019). Butorac Malnar, V., Pecotić Kaufman, J., Petrović, S.; Competition Law; Faculty of Law, University of Zagreb (2013). Boris Begović, Vladimir Pavić, Introduction to Competition Law, Belgrade: Faculty of Law, University of Belgrade, 2012. Competition Protection Law, ("Official Gazette of Montenegro", No. 44/12 dated 09.08.2012); Regulation on the method and criteria for determining the relevant market (Official Gazette, No. 9/2011); State Aid Law (Official Gazette, No. 47/2014); Regulations from: http://www.aztn.hr and http://ec.europa.eu/competition/index_en.html; Dušan Popović, "Competition Protection in the Law of the World Trade Organization – State and Perspectives" in "Harmonization of Serbian Business Law with EU Law (2014)" (ed. V. Radović), Faculty of Law, University of Belgrade, 2014, pp. 221-244. Katarina Damnjanović, Dušan Popović, "EU Competition Law Reform: Regulation No. 1/2003", European Law Review 1/2004, pp. 27-41. Maja Stanivuković, "Application of Domestic Competition Protection Rules to Legal Relations with an International Element following the Example of European Community Law", Annals of the Faculty of Law in Belgrade 2/2009, pp. 110-134, article available at: www.ius.bg.ac.rs. Keith N. Hylton, “The law and economics of monopolization standard” in “Antitrust Law and Economics” (ed. K. N. Hylton), Edward Elgar, 2010, Chapter V. Eleanor M. Fox, “US and EU Competition Law – A Comparison” in “Global Competition Policy” (eds. J. D. Richardson, E. M. Graham), Institute for International Economics, 339-354, article available at: www.iie.com. Additional literature: Liszt M.; Legal Regulation of State Aid in Croatia; Law in the Economy 43 (2004), 4 (2004), pp. 260-290. Šoljan Vedran; Price Discrimination as a Form of Restriction of Market Competition: Part I; Croatian Legal Review 3 (2003), 2 (2003), pp. 34-49. Šoljan Vedran; Price Discrimination as a Form of Restriction of Market Competition: Part II; Croatian Legal Review 3 (2003), 3 (2003), pp. 37-50.
Examination methodsColloquium (allows earning up to 40 points), For a student retaking the colloquium, points from the regular colloquium are invalidated. Practical training and seminar paper with defense up to 20 points (seminar classes are conducted during exercise hours); Final exam in the form of a test – (allows earning up to 40 points). A student passes the exam if they cumulatively accumulate at least 50 points (either from the colloquium and seminar or from the colloquium and final exam), and the grade is determined according to the scheme below.
Special remarks
Comment
Grade:FEDCBA
Number of pointsless than 50 pointsgreater than or equal to 50 points and less than 60 pointsgreater than or equal to 60 points and less than 70 pointsgreater than or equal to 70 points and less than 80 pointsgreater than or equal to 80 points and less than 90 pointsgreater than or equal to 90 points

Faculty of Law / BUSINESS LAW / EU COMPANY LAW

Course:EU COMPANY LAW/
Course IDCourse statusSemesterECTS creditsLessons (Lessons+Exercises+Laboratory)
12627Obavezan274+1+0
ProgramsBUSINESS LAW
Prerequisites It is not conditioned by passing an exam from another subject.
Aims At the end of the course on this subject, the student should be familiar with the regulatory framework of EU company law, its objectives, principles, and methods, and should be capable of understanding regulatory issues and the development of community law in this area, as well as the impact and significance of decisions of the European Court of Justice in this field. Additionally, the student should be able to define and discuss specific European forms of conducting business activities regulated by directly applicable community law.
Learning outcomes After passing this exam, the student will be able to: differentiate and explain the establishment of new forms of companies at the supranational level; identify and describe different theoretical approaches to the regulation of EU company law issues; distinguish and define periods of development in EU company law; list and describe the organs of European companies; outline the rules for strengthening shareholder rights; explain issues related to cross-border seat transfers of companies, mergers, and acquisitions; independently analyze relevant regulations subject to continuous harmonization, improvement, and modification to facilitate business establishment and cross-border operations of companies.
Lecturer / Teaching assistantProfessor Dragan Radonjić Teaching Assistant: Nikolina Tomović
MethodologyTeaching and learning methods: Teaching methods include lectures by instructors and experts from the field, discussions, research, written projects or seminars, individual tasks and activities, including the analysis of cases from the practice of the European Court of Justice. Practical training is conducted during part of the lecture hours (10 hours) and exercises (15 hours) and includes: lectures by guest speakers, familiarization with the case law of the European Court of Justice.
Plan and program of work
Preparing weekPreparation and registration of the semester
I week lecturesSubject Information; Sources and Development of EU Company Law.
I week exercisesSubject Information; Sources and Development of EU Company Law.
II week lecturesRight of Establishment; Nullity, Disclosure of Information, and Operations of Capital Companies.
II week exercises Right of Establishment; Nullity, Disclosure of Information, and Operations of Capital Companies.
III week lecturesCapital of a Public Limited Company - Second Directive; Establishment of the Company and Formation of Share Capital.
III week exercisesCapital of a Public Limited Company - Second Directive; Establishment of the Company and Formation of Share Capital.
IV week lecturesCapital of a Public Limited Company - Maintenance of Share Capital; Changes to Share Capital; Alternative Concepts for Creditor and Shareholder Protection.
IV week exercisesCapital of a Public Limited Company - Maintenance of Share Capital; Changes to Share Capital; Alternative Concepts for Creditor and Shareholder Protection.
V week lecturesShareholders Rights; Sole Proprietorship;
V week exercisesShareholders Rights; Sole Proprietorship;
VI week lecturesFirst colloquium;
VI week exercisesFirst colloquium;
VII week lecturesPractical Training - Analysis of Case Law (Location: Faculty of Law)
VII week exercisesPractical Training - Analysis of Case Law (Location: Faculty of Law)
VIII week lecturesSecond colloquium;
VIII week exercisesSecond colloquium;
IX week lecturesTakeover Law.
IX week exercisesTakeover Law.
X week lecturesMergers of Companies - Sources and Modalities; Divisions of Companies - Sources and Modalities.
X week exercisesMergers of Companies - Sources and Modalities; Divisions of Companies - Sources and Modalities.
XI week lecturesCorrectional colloquium
XI week exercisesCorrectional colloquium
XII week lecturesPractical Training - Analysis of Practical Examples (Location: Faculty of Law)
XII week exercisesPractical Training - Analysis of Practical Examples (Location: Faculty of Law)
XIII week lecturesCross-Border Seat Transfer of Companies; Branch of a Commercial Company.
XIII week exercisesCross-Border Seat Transfer of Companies; Branch of a Commercial Company.
XIV week lecturesEuropean Company; European Cooperative Society; European Economic Interest Grouping (EEIG); European Cooperative Society (SCE).
XIV week exercisesEuropean Company; European Cooperative Society; European Economic Interest Grouping (EEIG); European Cooperative Society (SCE).
XV week lecturesPractical Training - Analysis of the Case Law of the European Court (Location: Faculty of Law)
XV week exercisesPractical Training - Analysis of the Case Law of the European Court (Location: Faculty of Law)
Student workloadWeekly 7 credits x 40/30 = 9 hours and 20 minutes Structure: 4 hours of lectures, 1 hour of exercises, 4 hours and 20 minutes of individual student work (preparation for laboratory exercises, quizzes, homework) including consultations. Per Semester Teaching and final exam: (9 hours and 20 minutes) x 16 = 149 hours and 20 minutes Preparation before the start of the semester (administration, enrollment, validation): 2 x (9 hours and 20 minutes) = 18 hours and 40 minutes Total workload for the course: 7 x 30 = 210 hours Additional work for exam preparation in the retake exam session, including taking the retake exam from 0 - 30 hours. Load structure: 149 hours and 20 minutes (teaching) + 18 hours and 40 minutes (preparation) + 30 hours (additional work)
Per weekPer semester
7 credits x 40/30=9 hours and 20 minuts
4 sat(a) theoretical classes
0 sat(a) practical classes
1 excercises
4 hour(s) i 20 minuts
of independent work, including consultations
Classes and final exam:
9 hour(s) i 20 minuts x 16 =149 hour(s) i 20 minuts
Necessary preparation before the beginning of the semester (administration, registration, certification):
9 hour(s) i 20 minuts x 2 =18 hour(s) i 40 minuts
Total workload for the subject:
7 x 30=210 hour(s)
Additional work for exam preparation in the preparing exam period, including taking the remedial exam from 0 to 30 hours (remaining time from the first two items to the total load for the item)
42 hour(s) i 0 minuts
Workload structure: 149 hour(s) i 20 minuts (cources), 18 hour(s) i 40 minuts (preparation), 42 hour(s) i 0 minuts (additional work)
Student obligations Students are required to attend classes, participate in debates, and take tests. Students preparing seminar papers publicly defend them, while other students participate in debates after the presentation of the paper.
ConsultationsEvery day after the classes.
LiteratureRequired Literature: M. Vasiljević, V. Radović, T. Jevremović Petrović; Company Law of the European Union, Faculty of Law, University of Belgrade, Belgrade, 2012. EU Directive 2007/36 on shareholders rights, L 184. EU Directive 2017/1132 on certain aspects of company law, L 169. Official website of the European Court of Justice: https://curia.europa.eu/jcms/jcms/Jo2_7083/en. Additional Literature: Hana Horak, Jasminka Pecotić Introduction to European Company Law; Školska knjiga; 2010. Stefan Grundmann, European Company Law: Organization, Finance and Capital Markets, Intersentia, Antwerp – Oxford, 2007. Vanessa Edwards, EC Company Law, Clarendon Press, Oxford, 1999. Erik Werlauff, EU-Company Law: Common business law of 28 states, 2nd edition, DJØF Publishing, Copenhagen, 2003. Adriaan Dorresteijn, Tiago Monteiro, Christoph Teichmann, Erik Werlauff, European Corporate Law, second edition, Kluwer Law International, Alphen aan den Rijn, 2009. Mads Andenas, Frank Wooldridge, European Comparative Company Law, Cambridge University Press, Cambridge, 2009. Mathias Habersack, Europäisches Gesellschaftsrecht, 3rd edition, Verlag C.H. Beck, Munich, 2006. Marcus Lutter, Walter Bayer, Jessica Schmidt, European Corporate and Capital Market Law: Fundamentals, Status and Development along with Texts and Materials, 5th edition, De Gruyter, Berlin – Boston, 2012. Guido Ferrarini, Klaus J. Hopt, Japp Winter and Eddy Wymeersch (eds.), Reforming Company and Takeover Law in Europe, Oxford University Press, Oxford, 2004.
Examination methodsForms of Knowledge Assessment and Grading: Colloquium I and II (oral - 40 points each – 20 points each). If a student takes a correctional colloquium, the points from the regular colloquium are canceled. Seminar paper (with presentation - up to 10 points - seminar classes are conducted during exercise hours). Practical training (up to 10 points – analysis of decisions of the European Court of Justice relevant to EU company law). Final exam (oral - 40 points). A student passes the exam if they accumulate a minimum of 50 points cumulatively across all forms of knowledge assessment, and the grade is determined according to the scheme below:
Special remarks/
Comment/
Grade:FEDCBA
Number of pointsless than 50 pointsgreater than or equal to 50 points and less than 60 pointsgreater than or equal to 60 points and less than 70 pointsgreater than or equal to 70 points and less than 80 pointsgreater than or equal to 80 points and less than 90 pointsgreater than or equal to 90 points

Faculty of Law / BUSINESS LAW / LEGAL METHODOLOGY

Course:LEGAL METHODOLOGY/
Course IDCourse statusSemesterECTS creditsLessons (Lessons+Exercises+Laboratory)
13149Obavezan374+0+0
ProgramsBUSINESS LAW
Prerequisites
Aims The course goal is to introduce students to the basic philosophical and scientific methods of understanding law.
Learning outcomes Students who pass this course will be able to: articulate the concept and subject matter of legal methodology, demonstrating a comprehensive understanding of this foundational aspect of legal studies. They will possess the ability to describe the most significant cognitive and technical methods utilized within the legal field, differentiate between philosophical and scientific methods of law comprehension, which is crucial for understanding the varied approaches to legal theory and practice.
Lecturer / Teaching assistantFull professor MArko Dokić, PhD
Methodologylectures, exercises, consultations
Plan and program of work
Preparing weekPreparation and registration of the semester
I week lecturesConcept of legal methodology
I week exercises
II week lecturesConcept and types of legal knowledge methods
II week exercises
III week lecturesPhilosophical methods of legal knowledge
III week exercises
IV week lecturesScientific methods of legal knowledge: independent scientific methods of legal knowledge
IV week exercises
V week lecturesReal methods, psychological methods and law
V week exercises
VI week lecturesSociological method and law
VI week exercises
VII week lecturesDogmatic method (Method of law interpretation)
VII week exercises
VIII week lecturesNormative method
VIII week exercises
IX week lecturesHistorical-legal method and comparative legal method
IX week exercises
X week lecturesColloquium
X week exercises
XI week lecturesColloquium - second term
XI week exercises
XII week lecturesTechnical methods of creating law
XII week exercises
XIII week lecturesCreation of law by general norms in the form of individual
XIII week exercises
XIV week lecturesDirect creation of law by general norms
XIV week exercises
XV week lecturesMethods of applying law
XV week exercises
Student workload
Per weekPer semester
7 credits x 40/30=9 hours and 20 minuts
4 sat(a) theoretical classes
0 sat(a) practical classes
0 excercises
5 hour(s) i 20 minuts
of independent work, including consultations
Classes and final exam:
9 hour(s) i 20 minuts x 16 =149 hour(s) i 20 minuts
Necessary preparation before the beginning of the semester (administration, registration, certification):
9 hour(s) i 20 minuts x 2 =18 hour(s) i 40 minuts
Total workload for the subject:
7 x 30=210 hour(s)
Additional work for exam preparation in the preparing exam period, including taking the remedial exam from 0 to 30 hours (remaining time from the first two items to the total load for the item)
42 hour(s) i 0 minuts
Workload structure: 149 hour(s) i 20 minuts (cources), 18 hour(s) i 40 minuts (preparation), 42 hour(s) i 0 minuts (additional work)
Student obligations
Consultations
LiteratureRadomir Lukić, Metodologija prava, Beograd, SANU, 1977.
Examination methods- Colloquim – up to 50 points - Final exam – up to 50 points
Special remarks
Comment
Grade:FEDCBA
Number of pointsless than 50 pointsgreater than or equal to 50 points and less than 60 pointsgreater than or equal to 60 points and less than 70 pointsgreater than or equal to 70 points and less than 80 pointsgreater than or equal to 80 points and less than 90 pointsgreater than or equal to 90 points

Faculty of Law / BUSINESS LAW / INSOLVENCY LAW

Course:INSOLVENCY LAW/
Course IDCourse statusSemesterECTS creditsLessons (Lessons+Exercises+Laboratory)
13156Obavezan374+1+0
ProgramsBUSINESS LAW
Prerequisites None
Aims Familiarizing students with issues of: bankruptcy law and related insolvency proceedings, reasons for opening insolvency proceedings, legal consequences of opening insolvency proceedings, proceedings after the opening of insolvency proceedings, conclusion and suspension of proceedings, personal administration, release from remaining obligations, bankruptcy of banks and insurance companies, through bankruptcy proceedings with an international character.
Learning outcomes Learning outcomes - After the student passes this exam, he will be able to: define the basic principles of bankruptcy law, stages of bankruptcy proceedings and basic institutes of bankruptcy law; explain the goals and purpose of bankruptcy law; appoints bankruptcy procedure bodies; explain the legal consequences of opening bankruptcy or other insolvency proceedings and ways of settling creditors in those proceedings; distinguish different ways of solving the insolvency of legal entities and distinguish special procedures in which a personal administration is determined or a release from the debtors remaining obligations is determined; recognizes insolvency proceedings with an international element; states the basic differences in legislative decisions in comparative law; critically evaluates valid bankruptcy law solutions, their theoretical justification as well as their application in judicial practice.
Lecturer / Teaching assistantDoc.dr Nikola Dožić
MethodologyTeaching methods include lectures by teachers and experts from practice, discussions, research and written projects or seminars, individual tasks and activities, including examples from the practice of Montenegrin courts. Practical teaching is carried out during the part of the hours scheduled for lectures (10 hours) and exercises (15 hours) and includes: lectures by guest lecturers, visits to the Commercial Court, familiarization with the judicial practice of Montenegrin courts (in court / or as part of classes at the faculty), analysis of court practice by students.
Plan and program of work
Preparing weekPreparation and registration of the semester
I week lecturesObjectives, concept and content of bankruptcy law; Sources of bankruptcy law; Principles of bankruptcy proceedings
I week exercisesObjectives, concept and content of bankruptcy law; Sources of bankruptcy law; Principles of bankruptcy proceedings
II week lecturesSubjects of bankruptcy law; Bankruptcy reasons; Presumption of bankruptcy reason
II week exercises Subjects of bankruptcy law; Bankruptcy reasons; Presumption of bankruptcy reason
III week lecturesPractical teaching - analysis of practical examples (venue: Faculty of Law); Bankruptcy proceedings - Jurisdiction; Participation obligations and coercive measures; Delivery; Public advertising; Decisions; Legal remedies; Objections; Costs of the procedure;
III week exercisesPractical teaching - analysis of practical examples (venue: Faculty of Law); Bankruptcy proceedings - Jurisdiction; Participation obligations and coercive measures; Delivery; Public advertising; Decisions; Legal remedies; Objections; Costs of the procedure;
IV week lecturesBodies of bankruptcy proceedings - bankruptcy judge, bankruptcy administrator and creditors committee
IV week exercisesBodies of bankruptcy proceedings - bankruptcy judge, bankruptcy administrator and creditors committee
V week lecturesInitiation of bankruptcy proceedings - Authorized proponents; Form and content of the proposal; Withdrawal of proposal; Opening bankruptcy proceedings without conducting previous bankruptcy proceedings; Obligation of the bankrupt debtor to provide the necessary data; Security measures; Abolition and modification of security measures and legal prohibition of execution and settlement; Provision of services of general interest;
V week exercisesInitiation of bankruptcy proceedings - Authorized proponents; Form and content of the proposal; Withdrawal of proposal; Opening bankruptcy proceedings without conducting previous bankruptcy proceedings; Obligation of the bankrupt debtor to provide the necessary data; Security measures; Abolition and modification of security measures and legal prohibition of execution and settlement; Provision of services of general interest;
VI week lecturesPractical classes - visit to the Commercial Court (venue: Commercial Court Podgorica); Accounts of the bankrupt debtor; Creditors claims; Maturity of claims against the bankrupt debtor; Right to set off claims in bankruptcy proceedings; Conversion of bankruptcy debtors claims; interest; Prescription of claims; Conditional claims; Procedural legal consequences of opening bankruptcy proceedings; Continuation of proceedings; Continuation of civil proceedings; Proceedings in case of failure to change the claim; Prohibition of execution and settlement. The right to choose in the case of a bilateral contract; Financial leasing; Fixed jobs; Application of the rules to other jobs with an agreed term; Orders and offers; Lease; Goods in transport;
VI week exercisesPractical classes - visit to the Commercial Court (venue: Commercial Court Podgorica); Accounts of the bankrupt debtor; Creditors claims; Maturity of claims against the bankrupt debtor; Right to set off claims in bankruptcy proceedings; Conversion of bankruptcy debtors claims; interest; Prescription of claims; Conditional claims; Procedural legal consequences of opening bankruptcy proceedings; Continuation of proceedings; Continuation of civil proceedings; Proceedings in case of failure to change the claim; Prohibition of execution and settlement. The right to choose in the case of a bilateral contract; Financial leasing; Fixed jobs; Application of the rules to other jobs with an agreed term; Orders and offers; Lease; Goods in transport;
VII week lecturesColloquium
VII week exercisesColloquium
VIII week lecturesBankruptcy estate;
VIII week exercisesBankruptcy estate;
IX week lecturesRemedial colloquium
IX week exercisesRemedial colloquium
X week lecturesDetermination of claims
X week exercisesDetermination of claims
XI week lecturesPractical teaching - analysis of practical examples and court practice (venue: Faculty of Law); Rebuttal of the bankruptcy debtors legal actions;
XI week exercisesPractical teaching - analysis of practical examples and court practice (venue: Faculty of Law); Rebuttal of the bankruptcy debtors legal actions;
XII week lecturesCashing in and distribution of the bankruptcy estate,
XII week exercisesCashing in and distribution of the bankruptcy estate,
XIII week lecturesSettlement and conclusion of bankruptcy proceedings
XIII week exercisesSettlement and conclusion of bankruptcy proceedings
XIV week lecturesReorganization
XIV week exercisesReorganization
XV week lecturesPractical teaching - analysis of court practice (venue: Faculty of Law); International bankruptcy;
XV week exercisesPractical teaching - analysis of court practice (venue: Faculty of Law); International bankruptcy;
Student workload
Per weekPer semester
7 credits x 40/30=9 hours and 20 minuts
4 sat(a) theoretical classes
0 sat(a) practical classes
1 excercises
4 hour(s) i 20 minuts
of independent work, including consultations
Classes and final exam:
9 hour(s) i 20 minuts x 16 =149 hour(s) i 20 minuts
Necessary preparation before the beginning of the semester (administration, registration, certification):
9 hour(s) i 20 minuts x 2 =18 hour(s) i 40 minuts
Total workload for the subject:
7 x 30=210 hour(s)
Additional work for exam preparation in the preparing exam period, including taking the remedial exam from 0 to 30 hours (remaining time from the first two items to the total load for the item)
42 hour(s) i 0 minuts
Workload structure: 149 hour(s) i 20 minuts (cources), 18 hour(s) i 40 minuts (preparation), 42 hour(s) i 0 minuts (additional work)
Student obligations Students are required to attend classes, participate in debates and take tests. Students who prepare a seminar paper defend it publicly, while other students participate in a debate after the presentation of the paper.
ConsultationsConsultations are organised every working day from 10 to 11.
LiteratureLiteratura: - Mihailo Velimirović, Stečajno pravo, Beograd, 2010. ; M. Dika (1998). Insolvencijsko pravo, Pravni fakultet, 2009; Jakša Barbić, Hrvatsko insolvencijsko pravo, HAZU, 2014 - Gordana Ajnšpiler Popović, „Poverioci kao podnosioci predloga za pokretanje stečajnog postupka“, Pravo i privreda, br. 4-6/2011, str. 303-315 - Jasnica Garašić, „Sličnosti i razlike u zakonskom određenju međunarodne nadležnosti za provedbu glavnog stečajnog postupka u hrvatskog i srpskom pravu“, u: VI Tradicionalno savetovanje pravosuđa „Vršac 2009” –Stečaj I privatizacija, Beograd, 2009, str.185-203; Gordana Ilić-Popov, Nebojša Jovanović, Jovan Jovanović (urednici), Priručnik za polaganje ispita za stečajne upravnike, Agencija za licenciranje stečajnih upravnika, Intermex, Beograd, 2006, str. 143-380 - Nebojša Jovanović, „Osporljivost „izvršnih“ potraživanja u stečaju“, Pravo i privreda, br. 10-12/2010, str. 21-40; Vuk Radović, „Stečaj povezanih društava –osnovni problemi i nedoumice“, Harmonius, br. 1/2014, str. 271-299 - Vuk Radović, „Princip čiste univerzalnosti u međunarodnom stečaju“, Zbornik radova Pravnog fakulteta u Novom Sadu, br. 2/2013, str. 261-278; Vuk Radović, „Pobijanje pravnih radnji bez naknade ili uz neznatnu naknadu u stečajnom postupku“, Anali Pravnog akulteta Univerziteta u Beogradu, br. 1/2013, str. 73-95; Vuk Radović, „Dileme u vezi sa pojmom neizvršenih dvostranoobaveznih ugovora u stečaju”, Pravo i privreda, br. 5-8/2009, str. 410-432; Vuk Radović, „Lična uprava stečajnog dužnika de lege ferenda”, Zbornik prve međunarodne konferencije zemalja Jugoistočne Evrope –Savremene tendencije u međunarodnom stečajnom pravu –uloga stečajnog upravnika, Beograd, 2009, str. 244-257; Marko Radović, „Položaj založnih („hipotekarnih“) poverilaca u stečajnom postupku“, Pravo i privreda, br. 4-6/2014; Marko Radović, „Pravni tretman kamata u našem stečajnom pravu“, Pravo i privreda, br. 4-6/2012, str. 285-304; Mirjana Radović, „Stečajnopravne posledice neovlašćenog otuđenja predmeta izlučnog prava“, u: Svetislav Taboroši (urednik), Razvoj pravnog sistema Srbije i hamonizacija sa pravom EU (prilozi projektu 2010), str. 72-86; Branko Radulović,„Subordinacija zajmova vlasnika u stečajnom postupku –ekonomska logika, uporedna rešenja i primena u Republici Srbiji“, u: Vuk Radović (urednik), Usklađivanje poslovnog prava Srbije sa pravom Evropske unije (2014), Pravni fakultet Univerziteta u Beogradu, 2014, str. 27-47; Branko Radulović, „Unapred pripremljeni planovi reorganizacije u Republici Srbiji –uporedno pravna i empirijska analiza“, u: Vuk Radović (urednik), Usklađivanje poslovnog prava Srbije sa pravom Evropske unije 2013), Pravni fakultet Univerziteta u Beogradu, 2013, str. 56-106
Examination methodsForms of knowledge testing and assessment: The following are evaluated: - Colloquium in the form of a test (enables the acquisition of up to 40 points). - Practical teaching and seminar work with a defense of up to 20 points (seminar teaching is carried out in classes intended for exercises); - Final exam in the form of a test - (enables the acquisition of up to 40 points). - The student has passed the exam if he cumulatively collects at least 50 points on all forms of knowledge testing. and the grade is determined according to the scheme below).
Special remarksNone
CommentNone
Grade:FEDCBA
Number of pointsless than 50 pointsgreater than or equal to 50 points and less than 60 pointsgreater than or equal to 60 points and less than 70 pointsgreater than or equal to 70 points and less than 80 pointsgreater than or equal to 80 points and less than 90 pointsgreater than or equal to 90 points

Faculty of Law / BUSINESS LAW / BUSINESS LAW CLINICS

Course:BUSINESS LAW CLINICS/
Course IDCourse statusSemesterECTS creditsLessons (Lessons+Exercises+Laboratory)
13157Obavezan384+1+0
ProgramsBUSINESS LAW
Prerequisites No prerequisites.
Aims After passing this subject, the student will gain insight and have basic practical knowledge and skills in certain segments of business law and will be able to: Analyze cases before European judicial bodies involving collision of legal interests, fundamental freedoms, and basic rights guaranteed by instruments of varying legal force and significance (provide preliminary legal identification of the issue, adequately assess the disputed question, determine its legal nature). Prepare arguments for the roles of plaintiff and defendant in a simulated case, demonstrating the skill of dialogue, active listening, and rebutting arguments. Understand the role and jurisdiction of institutions, active and passive participants in European judicial bodies.
Learning outcomes After passing this subject, the student will gain insight and have basic practical knowledge and skills in certain segments of business law and will be able to: Analyze cases before European judicial bodies involving collision of legal interests, fundamental freedoms, and basic rights guaranteed by instruments of varying legal force and significance (provide preliminary legal identification of the issue, adequately assess the disputed question, determine its legal nature). Prepare arguments for the roles of plaintiff and defendant in a simulated case, demonstrating the skill of dialogue, active listening, and rebutting arguments. Understand the role and jurisdiction of institutions, active and passive participants in European judicial bodies.
Lecturer / Teaching assistantProfessor: Aneta Spaić Teaching Assistant: Nikolina Tomović
MethodologyAs a mandatory subject (worth 8 ECTS credits and structured with 3+2 class hours) in the Masters program of the Business Law specialization at the Faculty of Law, University of Montenegro, besides classical theoretical teachings, it also includes practical instruction involving direct contact of our students with professionals in the field of Business Law. Teaching methods include visits and training sessions with judges of the Commercial Court and law firms. The Business Law Clinic is predominantly organized through the practical dimension of acquiring professional knowledge, which, in addition to traditional lectures, recognizes the importance of analyzing court cases. The subject is conceived as an advanced and practical version of subjects from the undergraduate level with a commercial law background, and the analysis of cases from national and regional judicial bodies is of particular importance for the adequate preparation of students for the market.
Plan and program of work
Preparing weekPreparation and registration of the semester
I week lecturesThe role and content of the Business Law Clinic.
I week exercisesThe role and content of the Business Law Clinic.
II week lecturesCHARTER OF FUNDAMENTAL RIGHTS OF THE EU: BASIC RIGHTS V. FUNDAMENTAL FREEDOMS Basic rights. Balancing fundamental rights and fundamental freedoms. Principle of proportionality - Proportionality test: origin, concept, balancing of interests, criteria. Fundamental freedoms. Key provisions of the TFEU. TEU. Charter.
II week exercises CHARTER OF FUNDAMENTAL RIGHTS OF THE EU: BASIC RIGHTS V. FUNDAMENTAL FREEDOMS Basic rights. Balancing fundamental rights and fundamental freedoms. Principle of proportionality - Proportionality test: origin, concept, balancing of interests, criteria. Fundamental freedoms. Key provisions of the TFEU. TEU. Charter.
III week lecturesBalancing freedom of expression and assembly and free movement of goods. Freedom of expression and assembly, Art. 9 and 10 ECHR. Article 11 ECHR. Schmidberger case. Facts, AGs opinion, case judgment, analysis, justification for restrictions.
III week exercisesBalancing freedom of expression and assembly and free movement of goods. Freedom of expression and assembly, Art. 9 and 10 ECHR. Article 11 ECHR. Schmidberger case. Facts, AGs opinion, case judgment, analysis, justification for restrictions.
IV week lecturesBalancing human dignity with freedom to provide services. Human dignity - Chapter I of the Charter. Omega case. Facts, Advocate Generals opinion, Case judgment, Analysis, Justification of restrictions.
IV week exercisesBalancing human dignity with freedom to provide services. Human dignity - Chapter I of the Charter. Omega case. Facts, Advocate Generals opinion, Case judgment, Analysis, Justification of restrictions.
V week lecturesBalancing social rights and freedom to provide services. Social rights: legal nature and protection - Articles 33 to 35 of the Charter.
V week exercisesBalancing social rights and freedom to provide services. Social rights: legal nature and protection - Articles 33 to 35 of the Charter.
VI week lecturesCase Viking Line and Laval - facts, Advocate Generals opinion, case judgment, analysis. Balancing social rights and freedom to provide services.
VI week exercisesCase Viking Line and Laval - facts, Advocate Generals opinion, case judgment, analysis. Balancing social rights and freedom to provide services.
VII week lecturesColloquium
VII week exercisesColloquium
VIII week lecturesExpert ex cathedra lecture by practitioners, with analysis of case examples from judicial practice on the topic "Tax Evasion".
VIII week exercisesExpert ex cathedra lecture by practitioners, with analysis of case examples from judicial practice on the topic "Tax Evasion".
IX week lecturesEx cathedra lecture by practitioners, with practical aspects - Corporate Governance.
IX week exercisesEx cathedra lecture by practitioners, with practical aspects - Corporate Governance.
X week lecturesCorrective Colloquium
X week exercisesCorrective Colloquium
XI week lecturesTopic from European environmental law: Collision of rights within the European legal framework.
XI week exercisesTopic from European environmental law: Collision of rights within the European legal framework.
XII week lecturesEx cathedra lecture and analysis of judgments on Protection of Intellectual Property Rights.
XII week exercisesEx cathedra lecture and analysis of judgments on Protection of Intellectual Property Rights.
XIII week lecturesEx cathedra lecture and simulation of a trial on Copyright Law: Practical implications of unclear definitions.
XIII week exercisesEx cathedra lecture and simulation of a trial on Copyright Law: Practical implications of unclear definitions.
XIV week lecturesEx cathedra lecture and simulation of negotiations - M&A transactions.
XIV week exercisesEx cathedra lecture and simulation of negotiations - M&A transactions.
XV week lecturesFinal Exam.
XV week exercisesFinal Exam.
Student workloadIn the semester: Teaching, individual work, and final exam: (8 hours) x 16 = 128 hours Necessary preparations before the semester begins (administration, enrollment, certification): 2 x (8 hours) = 16 hours Total workload for the subject 6x30 = 180 hours Additional work for exam preparation in the re-sit exam period, including taking the re-sit exam: from 0 to 36 hours (remaining time from the first two items to the total workload for the subject 180 hours) Load structure: 128 hours (Teaching and individual work) + 16 hours (Preparation) + 36 hours (Additional work)
Per weekPer semester
8 credits x 40/30=10 hours and 40 minuts
4 sat(a) theoretical classes
0 sat(a) practical classes
1 excercises
5 hour(s) i 40 minuts
of independent work, including consultations
Classes and final exam:
10 hour(s) i 40 minuts x 16 =170 hour(s) i 40 minuts
Necessary preparation before the beginning of the semester (administration, registration, certification):
10 hour(s) i 40 minuts x 2 =21 hour(s) i 20 minuts
Total workload for the subject:
8 x 30=240 hour(s)
Additional work for exam preparation in the preparing exam period, including taking the remedial exam from 0 to 30 hours (remaining time from the first two items to the total load for the item)
48 hour(s) i 0 minuts
Workload structure: 170 hour(s) i 40 minuts (cources), 21 hour(s) i 20 minuts (preparation), 48 hour(s) i 0 minuts (additional work)
Student obligations Students are required to attend classes and participate in knowledge assessments.
ConsultationsEvery day after classes.
LiteratureSybe A.de Vries, Balancing Fundamental Rights with Economic Freedoms According to the European Court of Justice, available at: https://www.utrechtlawreview.org/articles/abstract/10.18352/ulr.220/ Anna-Sara Lind and Magnus Strand, A new Proportionality test for Fundamental Rights, The Joint Cases C-92/09 and C-93/09 Volker und Markus Schecke GbR (C-92/09) and Hartmut Eifert (C-93/09) v. Land Hessen, available at: https://uu.diva-portal.org/smash/get/diva2:441211/FULLTEXT01.pdf. Ivana Krstić and Bojana Čučković, Accession of the European Union to the European Convention on Human Rights as a Means of Advancing Human Rights in Europe, available at: https://anali.rs/xml/201-/2016c/2016-2c/Anali_2016-2c-204-842-1-pb.pdf Dušan Ignjatović, Protection of Human Rights in the EU after Lisbon - Completing the European Human Rights Protection System?, The Lisbon Treaty - Safe Harbor or the Beginning of a New Journey. Zlatan Meškić, European Union Law I, GIZ BMZ, Federal Ministry for Economic Cooperation and Development, Sarajevo, 2012. Schmidberger case, available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62000CJ0112 Omega case, available at: https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A62002CJ0036 Viking Line case, available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62005CJ0438 Laval case, available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62005CJ0341 Presentations available on the website: https://cleuim.ucg.ac.me/
Examination methodsInteractivity in practical guest lectures and colloquiums (up to 50 points); Final exam (up to 50 points).
Special remarks/
Comment/
Grade:FEDCBA
Number of pointsless than 50 pointsgreater than or equal to 50 points and less than 60 pointsgreater than or equal to 60 points and less than 70 pointsgreater than or equal to 70 points and less than 80 pointsgreater than or equal to 80 points and less than 90 pointsgreater than or equal to 90 points

Faculty of Law / BUSINESS LAW / CONSUMER PROTECTION LAW

Course:CONSUMER PROTECTION LAW/
Course IDCourse statusSemesterECTS creditsLessons (Lessons+Exercises+Laboratory)
13158Obavezan384+1+0
ProgramsBUSINESS LAW
Prerequisites none
Aims This subject provides a general overview of consumer protection in the European Union and Montenegro, as well as a detailed analysis of the basic characteristics of consumer rights; development of consumer protection in the European Union and Montenegro, basic consumer rights, the difference between consumer protection policy and consumer protection rights, methods of harmonizing the rights of Member States in the field of consumer protection, basic characteristics of consumer protection rights, future development of consumer protection. This subject also includes certain segments of consumer protection law: product quality and safety, market regulation, substantive contractual and tort law, as well as procedural consumer protection.
Learning outcomes Learning outcomes - After passing this exam, the student will be able to: Define legal sources and explain the historical development of consumer protection legislation in national and EU law, and explain the relationship between national and European rules on consumer protection; describe different techniques of implementation of European law, concepts of minimum and maximum harmonization, as well as horizontal and vertical approach to harmonization; describe the basic characteristics of consumer protection rights, explain the legal regulation of product safety; define the concept of unfair business practices and explain the differences between certain forms of unfair business practices and unfair contractual provisions; describe the fundamental features of consumer contract law; define the concept of responsibility for material defects, the concept of guarantee for the correctness of things; explain the consumer loan agreement; describe the liability system for a defective product; explain the purpose and goal of the rules on collective consumer protection; define and explain the basic forms of alternative ways of resolving consumer disputes
Lecturer / Teaching assistantDoc.dr Nikola Dožić
MethodologyTeaching methods include lectures by teachers and experts from practice, discussions, research and written projects or seminars, individual assignments and activities.
Plan and program of work
Preparing weekPreparation and registration of the semester
I week lecturesConsumer protection - development of consumer protection in the world; sources; characteristics.
I week exercisesConsumer protection - development of consumer protection in the world; sources; characteristics.
II week lecturesConcept of consumer; market and consumer;
II week exercises Concept of consumer; market and consumer;
III week lecturesEU consumer protection programs; sources of Montenegrin and European consumer protection law
III week exercisesEU consumer protection programs; sources of Montenegrin and European consumer protection law
IV week lecturesPractical classes - visit to the Center for Consumer Protection (venue: headquarters of the Center for Consumer Protection); product safety and consumer information in Montenegrin and EU law;
IV week exercisesPractical classes - visit to the Center for Consumer Protection (venue: headquarters of the Center for Consumer Protection); product safety and consumer information in Montenegrin and EU law;
V week lecturesAdvertising of products and services; consumer protection during electronic contract conclusion
V week exercisesAdvertising of products and services; consumer protection during electronic contract conclusion
VI week lecturesBasic consumer rights when purchasing products and services
VI week exercisesBasic consumer rights when purchasing products and services
VII week lecturesColloquium
VII week exercisesColloquium
VIII week lecturesPublic services provided to consumers; Standard consumer contracts - consumer protection
VIII week exercisesPublic services provided to consumers; Standard consumer contracts - consumer protection
IX week lecturesRemedial colloquium
IX week exercisesRemedial colloquium
X week lecturesPractical teaching - visit to the Market Inspection (venue: headquarters of the Market Inspection); Unfair business practices;
X week exercisesPractical teaching - visit to the Market Inspection (venue: headquarters of the Market Inspection); Unfair business practices;
XI week lecturesConsumer protection for distance contracts and contracts concluded outside the merchants business premises
XI week exercisesConsumer protection for distance contracts and contracts concluded outside the merchants business premises
XII week lecturesConsumer protection in contracts on the right to time-limited use of real estate (time share contracts)
XII week exercisesConsumer protection in contracts on the right to time-limited use of real estate (time share contracts)
XIII week lecturesPractical teaching - visit to the Market Inspection (venue: headquarters of the Market Inspection); Consumer loan agreement;
XIII week exercisesPractical teaching - visit to the Market Inspection (venue: headquarters of the Market Inspection); Consumer loan agreement;
XIV week lecturesLiability for damage from defective or dangerous properties of the product
XIV week exercisesLiability for damage from defective or dangerous properties of the product
XV week lecturesPractical teaching - analysis of examples and court practice (venue: Faculty of Law); Procedural consumer protection; Protection of collective interests of consumers;
XV week exercisesPractical teaching - analysis of examples and court practice (venue: Faculty of Law); Procedural consumer protection; Protection of collective interests of consumers;
Student workload
Per weekPer semester
8 credits x 40/30=10 hours and 40 minuts
4 sat(a) theoretical classes
0 sat(a) practical classes
1 excercises
5 hour(s) i 40 minuts
of independent work, including consultations
Classes and final exam:
10 hour(s) i 40 minuts x 16 =170 hour(s) i 40 minuts
Necessary preparation before the beginning of the semester (administration, registration, certification):
10 hour(s) i 40 minuts x 2 =21 hour(s) i 20 minuts
Total workload for the subject:
8 x 30=240 hour(s)
Additional work for exam preparation in the preparing exam period, including taking the remedial exam from 0 to 30 hours (remaining time from the first two items to the total load for the item)
48 hour(s) i 0 minuts
Workload structure: 170 hour(s) i 40 minuts (cources), 21 hour(s) i 20 minuts (preparation), 48 hour(s) i 0 minuts (additional work)
Student obligations Students are required to attend classes, participate in debates and take tests. Students who prepare a seminar paper present them in class, while other students participate in the debate after the presentation.
ConsultationsConsultations are ogranised every working day from 10 to 11.
Literature1. Literatura: 2. Zakon o zaštiti potrošača 3. Zakon o potrošačkim kreditima 4. Zakon o obligacionim odnosima 5. Baretić – Dika – Jordanić – Josipović – Marijan – Pogarčić, Obveze trgovaca u sustavu zaštite potrošača, Narodne novine, Zagreb, 2003. Gavella, Nikola, Europsko privatno pravo, Zagreb, 2002. 6. Petrić, Silvija, Koncept nepoštenih ugovornih odredbi, u: Nepoštene ugovorne odredbe, Europski standard i hrvatska provedba, (ur.: Vesna Tomljenović, Silvija Petrić, Emilia Mišćenić), Pravni fakultet u Rijeci, 2013., str. 15.-60; Petrić, Silvija, Odgovornost proizvođača za štete od nedostataka na proizvodu u hrvatskom pravu i pravu Europske unije, Zbornik radova Pravnog fakulteta u Splitu 2001/4 (64), str. 371-396.; Petrić, Silvija, Tumačenje općih uvjeta ugovora i njihov odnos s posebno ugovorenim klauzulama u hrvatskom i europskom pravu, Hrvatska pravna revija, 2001/12. 7. Petrić, Silvija, O problemima elektroničke trgovine, Zbornik radova Pravnog fakulteta u Splitu, br. 1-2 (69-70), 2003..; Josipović, Tatjana, Zaštita potrošača u ugovoru o time-sharingu u Europskoj uniji, Zbornik radova Pravnog fakulteta u Zagrebu, 53 (2003), 3-4. 8. Slakoper, Zvonimir, Nevaljanost pojedinih odredaba općih uvjeta ugovora s posebnim osvrtom na potrošačke ugovore, Zbornik Pravnog fakulteta Sveučilišta u Rijeci 2001/1 9. Baretić M.; Zaštita potrošača u Europskoj zajednici, Gavella N., Alinčić M., Hrabar D., Gliha I., Josipović T., Korać A., Baretić M., Nikšić S.: "Europsko privatno pravo"; Pravni fakultet u Zagrebu (2002) ; Baretić M.; Nepoštene odredbe u potrošačkim ugovorima s posebnim osvrtom na ugovore banaka i osiguravajućih društava, Zbornik radova: Dika M., Pogarčić Z: Obveze trgovaca u sustavu zaštite potrošača; Narodne novine (2003) ; Baretić M.; Implementacija prava Europske zajednice o zaštiti potrošača u hrvatsko pravo; Zbornik XLI. Susreta pravnika (2003) 10. Baretić, M.; Baretić M.: Odgovornost za neispravan proizvod, Zbornik radova: Baretić M, Crnić I, Ćurković M, Grbin I, Kačer H, Klarić P, Momčinović H, Petrović S, Radolović A, Sessa Đ.: Zakon o obveznim odnosima, najznačajnije izmjene, novi instituti; Inženjerski biro (2005) 11. Baretić, M.; Baretić M.: Utjecaj pravila o zaštiti potrošača na zaštitu vjerovnika, Zbornik radova: M. Baretić, A. Eraković, H. Ernst, D. Gulin, O. Jelčić, T. Josipović, Z. Koharić, J. Matko Ruždjak, S. Porobija, Z. Struhne: Zaštita vjerovnika, pravni, porezni i računovodstveni aspekti; (2006) Baretić, M.; Baretić M.: Nove obveze trgovca prema novom Zakonu o zaštiti potrošača s posebnim osvrtom na nepoštenu poslovnu praksu, Zbornik XLV. Susreta pravnika; Pravo u gospodarstvu: 46(2007) (2007), str. 229-268 12. Baretić, M.; Položaj vjerovnika u odnosima s potrošačima prema novom Zakonu o zaštiti potrošača - s posebnim osvrtom na potrošački ugovor o financijskim uslugama sklopljen na daljinu, Zbornik radova: D. Bajuk, M. Baretić, H. Ernst, M. Jelić, T. Josipović, Z. Koharić, N. Marković, N. Nekić-Plevko, N. Radišić, Z. Stuhne, I. Tepšić, Ž. Željko: Zaštita vjerovnika - financijski, pravni i porezni aspekti; Narodne novine (2007); Baretić, M.; Baretić M.: Individualna i kolektivna zaštita potrošača u hrvatskom pravu, Zbornik radova: Tomljenović V., Čulinović Herc E., Butorac Malnar V. (ur.): Republika Hrvatska na putu prema Europskom pravosudnom području - rješavanje trgovačkih i potrošačkih sporova; Pravni fakultet Sveučilišta u Rijeci (2009) 13. Baretić, M.; Baretić M.: Zaštita potrošača u turizmu, Propisi u poslovanju turističkih agencija; Hrvatska zajednica računovođa i financijskih djelatnika i Udruga hrvatskih putničkih agencija (2009) 14. Čikara, E.; Novosti u razvoju europskog prava zaštite potrošača: Osvrt na Zelenu knjigu o reviziji pravne stečevine na području zaštite potrošača Europske zajednice; Hrvatska pravna revija br. 1, 2008. (2008) ; Čikara, E.; Nova Direktiva 2008/48/EZ o ugovorima o potrošačkom kreditu; Pravo i porezi, br. 7-8/2009 i br. 9/2009. ; Čikara, E.; Otvorena pitanja potrošačkog kreditiranja u hrvatskome pravu,; Zbornik 48. Susreta pravnika - Opatija 10 Hrvatskog saveza udruga pravnika u gospodarstvu (2010); Čikara, E.; Prijevremena otplata kredita prema novom Zakonu o potrošačkom kreditiranju; Zbornik Pravnog fakulteta Sveučilišta u Rijeci, Vol. 31 br. 1, Supplement (2010) 15. Josipović, T.; Zaštita potrošača u ugovoru o pravu na vremenski ograničenu uporabu nekretnine, Zbornik radova: Dika M., Pogarčić Z. (ur.): Obveze trgovaca u sustavu zaštite potrošača; Narodne novine (2003) ; Josipović, T.; Zaštita potrošača iz ugovora o timesharingu u Europskoj uniji; Zbornik PFZ (2003) 16. Tomljenović, V.; Grupne tužbe - učinkovita pravna sredstva zaštite potrošača u poredbenom pravu, Zbornik radova: Hrvatska na putu prema europskom pravosudnom području - rješavanje trgovačkih i potrošačkih sporova; (2006)
Examination methodsForms of knowledge testing and assessment: The following are evaluated: - Colloquium in the form of a test (enables the acquisition of up to 40 points). - Practical teaching and seminar work with a defense of up to 20 points (seminar teaching is carried out in classes intended for exercises); - Final exam in the form of a test - (enables the acquisition of up to 40 points). - The student has passed the exam if he cumulatively collects at least 50 points on all forms of knowledge testing. and the grade is determined according to the scheme below).
Special remarksNone
CommentNone
Grade:FEDCBA
Number of pointsless than 50 pointsgreater than or equal to 50 points and less than 60 pointsgreater than or equal to 60 points and less than 70 pointsgreater than or equal to 70 points and less than 80 pointsgreater than or equal to 80 points and less than 90 pointsgreater than or equal to 90 points