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Lecturer(s)
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Müller Milan, JUDr. Ph.D., LL.M.
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Course content
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In this course "Unfair competition in the international private law and in ius comune" there will be students focusing on historical development of the unfair competitive acting and on basic knowledge of the law of competition. Individual legal institutes you can encounter when studying law of competition will be specified and clarified, in particular, "unfair competition" and "unfair commercial practices", incl. legal qualification of unfair competitive acting as well as the test of "unfairness". Further topic for this course will focus on the definition of the average consumer with regard to the case law of the Court of Justice of the European Union as well as possibilities of protection and defense of the consumer in the international private law relations will be. Finally there will be discussed in much detail in this course how to solve conflict of laws as to unfair competitive acting/unfair commercial practices and how to determine international jurisdiction. 1.Introduction into the international law of competition and in the European Union law of competition 2.Historical development of the unfair competitive acting in the international environment 3.General clause of unfair commercial practices and its legal qualification / test of "unfairness" 4.Entities participating in the international and European Union unfair competitive acting 5.List of misleading and agressive commercial practices in the international law 6.Protection and defense of the consumer, a definition of the average consumer 7.Conflict of laws with regard to unfair competition and determination of the applicable law (Regulation Rome I) 8.Determination of the competent court (Regulation Brussel I bis)
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Learning activities and teaching methods
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Seminar classes
- Contact hours
- 26 hours per semester
- Preparation for an examination (30-60)
- 52 hours per semester
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| prerequisite |
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| Knowledge |
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| In order to sign up for this course called "Unfair competition in the international private law and in ius comune", students ought to have passed the complete course of the civil law and to have at least the basic knowledge of the course dealing with international private law, allowing them to acquire some basic orientation with regard to issues discussed within this course. |
| Skills |
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| Ability to orientate in civil and at least in part private international law |
| Competences |
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| learning outcomes |
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| Knowledge |
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| Students will have an opportunity within this course called "Unfair competition in the international private law and in ius comune" to get familiar with the international regulation of these issues with a presence of an international item. Furthermore it should make students in particular aware of the general clause dealing with unfair commercial practices and its legal qualification / test of "unfairness". |
| Skills |
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| Furthermore it should make students in particular aware of the general clause dealing with unfair commercial practices and its legal qualification / test of "unfairness". |
| Competences |
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| N/A |
| N/A |
| teaching methods |
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| Knowledge |
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| Seminar |
| Skills |
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| Seminar |
| Competences |
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| Seminar |
| assessment methods |
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| Knowledge |
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| Oral exam |
| Continuous assessment |
| Skills |
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| Oral exam |
| Competences |
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| Oral exam |
| Continuous assessment |
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Recommended literature
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Hajn, Petr. Komunitární a české právo proti nekalé soutěži : (vybrané kapitoly). Brno : Masarykova univerzita, 2010. ISBN 978-80-210-5051-8.
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Ondrejová, D. Nekalá soutěž v novém občanksém zákoníku. Komentář. Praha, 2014.
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Ondrejová, Dana; Sehnálek, David. Nekalosoutěžní reklama a nekalé obchodní praktiky v české i evropské právní úpravě a judikatuře. 2018. ISBN 978-80-7502-239-4.
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Vítová, B., Etlíková, M. Nekalé obchodní praktiky. Praha, 2017.
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