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| Module Availability |
| Yearly |
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| Assessment Pattern |
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Unit(s) of Assessment
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Weighting Towards Module Mark (%)
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Three-hour Examination
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100
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| Module Overview |
This module introduces students to basic concepts of German law. |
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| Prerequisites/Co-requisites |
| None |
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| Module Aims |
The module aims to provide students with an understanding of the structure and principles of German constitutional and civil law. To gain an insight into the German legal system, students will address such questions as:
- What is the history of the German Basic Law?
- What are the basic features of civil law systems?
- What is the role of basic rights in the German constitution? And how are they protected?
- What are the sources of German law and how are they organised hierarchically?
- How is the separation of power realised in the German constitution?
- What does the concept of federalism mean?
- How is the German Civil Code (BGB) shaped and structured?
- What are the basic principles of the BGB?
- What is necessary to conclude a contract?
- What are the Abstraktionsprinzip, the Anspruchsgrundlage and the Gutachtenstil?
- How do you write an answer to a problem question at a German law faculty?
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| Learning Outcomes |
On completion of this course students will be able to:
- Demonstrate a basic understanding of the differences between common law systems and civil law systems
- Understand the basic features of the relationship between the main organs of state in Germany
- Demonstrate a basic knowledge of the doctrine and concepts of the German constitution as well as its legal history
- Identify and explain German legal terminology
- Demonstrate a basic understanding of the nature and operation of German civil law
- Apply the law to factual situations and write a solution based on the Gutachtenstil
- Undertake legal research to locate relevant materials
- Demonstrate that they possess an individual ability to analyse, evaluate, criticise and apply the law
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| Module Content |
- The German legal system and the organisation of the courts
- The German method (Gutachtenstil)
- Sources of law and their hierarchy
- The legislative process
- The particularities of the Federal Constitutional Court
- Fundamental right in the Basic law
- The Civil Code (development and structure)
- The application of provisions of the Civil Code
- Contract law
- Tort law
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| Methods of Teaching/Learning |
| Lectures and tutorials |
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| Selected Texts/Journals |
| Students will be given reading recommendations at the beginning of the course |
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| Last Updated |
| 09.04.2008 |
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