APPLIES TO ACADEMIC YEAR 2013/2014

SFU 1490 Credit Law

Responsible for the course
Morten Kinander

Department
Department of Accounting - Auditing and Law

Term
According to study plan

ECTS Credits
7,5

Language of instruction
Norwegian

Introduction
The course is part of the Credit Management Bachelor Programme (30 ECTS). A completed Credit Management Programme may be used as part of the Bachelor of Management degree.

Learning outcome
Acquired knowledge
The course shall convey knowledge within the legal areas that is important for the quality of credit management work and associated areas.

Acquired skills
By doing practical exercises the particiapants shall improve their ability to uncover and solve legal problems. The participants shall learn to effectively communicate the problems with legal experts.

Reflection
To be conscious of the laws, rules and agreements that govern the legal relations between the parties and to respect them.

Prerequisites
The prerequisites for the Credit Management programme apply.

Compulsory reading
Books:
Bråthen, Tore. 2013. Selskapsrett. 4. utg. Focus : Universitetsforlaget. Kapittel 1, 2, 4, 5 og 7.
Langfeldt, Sverre Faafeng og Tore Bråthen. Lov og rett for næringslivet. Siste utg. Universitetsforlaget : Focus forlag. Kapittel 1, 5, 12, 13, 14 og 15.
Langfeldt, Sverre Faafeng, red. Næringslivets lovsamling 1687- ... til Lov og rett for næringslivet. Siste utg. Universitetsforlaget : Focus forlag. Alle relevante lovtekster for kurset

Other:
Utdelt materiale


Recommended reading
Books:
Rike, Ole Dag og Erik Råd Herlofsen. 2006. Panterett for praktikere. 2. utg. Høyskoleforlaget

Course outline
1st topic: Doctrine of sources of law
Review of the sources of law (legislation, legislative history, case law) that are used to solve legal questions. Interpretation of laws and agreements.

2nd topic: Contract Law. The contract mechanism
The boundary between binding and non-binding statements. Contract formation. Interpretation and filling in of contracts. Standard-form contracts.

3rd topic: Contractual invalidity
Contract Act ch. 3. Invalid contracts. The rules on invalidity in standard contract law and in financial law.

4th topic: Law of commercial instruments
Transfer of money claims. Terms for counter-claims. Terms and effects pursuant to penalty interest law. Collection of claims pursuant to the debt collection act, including generally accepted collection principles and costs. Length of limitation periods, starting point and interruption.

5th topic: Law of mortgages and pledges
Review of the Mortgages and Pledges Act. Various types of mortgages and pledges. Mortgage is created by agreement in property, machinery and plant and in chattels, in inventory, in claims (including shares and bonds), factoring, security for unpaid purchase. Distraint.

6th topic: Law of property
Legal issues concerning rights to property, including real estate. The legal protection concept and the legal content. Title registration in the land register and in the Movables Register. Bona fide purchase of chattels.

7th topic: Company law (General partnership/apportioned liability and privat/public limited companies)
Review of and characteristics of forms of ownership. Formation of a company. Company liability, board liability and owner liability. Decision processes and formalities. Company law identification rules.

8th topic: Enforcement, settlement proceedings and bankruptcy
Court order/restraining order of claims pursuant to the Enforcement Act both with and without particular ground of enforcement. Seizure and interim court order. Requirements and effects of debt negotiations and of bankruptcy, for the debtor and for the creditors.

Computer-based tools
No particular computer-based tools are used.

Learning process and workload
Recommended workload for students: