LA216-30 German Law
Introductory description
This module prepares students on the Law with German Law LL.B. for their year abroad and the academic demands of Warwick’s partner universities in Germany. The module is taught in German and is available to any student with an adequate knowledge of the language.
Module aims
Students are introduced to the German Civil Code (Bürgerliches Gesetzbuch) which is the core of German Private Law. They will familiarise themselves with the structure of German Private Law and will learn to apply German legal
methodology on a case-by-case basis. At the end of the year, students will have obtained a detailed knowledge of the
General Part of the Bürgerliches Gesetzbuch as well as the Law of Obligations. They will be able to use the Bürgerliche
Gesetzbuch and research cases independently.
Outline syllabus
This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.
Term 1:
BGB - Allgemeiner Teil
- Einführung in das BGB und die Falllösungstechnik
- Subjektive Rechte, Rechtssubjekte und Rechtsobjekte
- Rechtsgeschäft, Willenserklärung
- Vetragsschluss, Allgemeine Geschäftsbedingungen
- Geschäftsfähigkeit
- Gesetzliche Verbote, Formvorschriften
- Anfechtung und Willensmängel
Term 2:
BGB - Allgemeiner Teil und BGB Schuldrecht - Stellvertretung
- Einführung in das Schuldrecht
- Inhalt von Schuldverhältnissen
- Beendigung von Schuldverhältnissen
- Schadenersatz im deutschen Recht
- Leistungsstörungen: Unmöglichkeit
- Leistungsstörungen: Verzug
- Leistungsstörungen Schlechtleistung;
Nebenpflichtverletzungen, CIC-Haftung
TRANSLATION:
Term 1 - General civil law:
- Introduction to the German civil code and German legal
methodology - Subjects and objects of law
- Contracts
- Formation of contracts and terms of contract
- Rules relating to minors
- Statutory limits to contractual freedom
- Rescission of contracts
Term 2 - General civil law and the law of obligations: - Principal and Agent
- Introduction to the Law of Obligations
- Types of Obligations, rules relating to the duty to perform
- Termination of obligations
- Damages
- Impossibility of performance
- Delayed performance
- Other violations of contractual or pre-contractual duties
Learning outcomes
By the end of the module, students should be able to:
- Understand the basic concepts and the structure of German Civil Law (Bürgerliches Recht)
- Use and apply the German Civil Code
- Find, identify and apply court decisions
- Apply the German Civil Code by solving cases and commenting on German Court decisions
- Apply the law according to the specific legal methodology applied in German law
- Identify and apply relevant statutes
- Identify questions of law that require interpretation and analyse and evaluate possible solutions developing an own argument
- Carry out independent work/case solving (planning and managing tasks with limited guidance)
- Use journals, commentaries, court decisions relevant to the case
- Understand and apply German Law and German Legal Terminology
- Write and speak about German Law (e.g. case solving) with accurate use of specific terms and lingual structure
Indicative reading list
View reading list on Talis Aspire
International
This module is taught in German and applies German law and methodologies.
Subject specific skills
No subject specific skills defined for this module.
Transferable skills
No transferable skills defined for this module.
Study time
| Type | Required |
|---|---|
| Lectures | 36 sessions of 1 hour (12%) |
| Seminars | 16 sessions of 1 hour (5%) |
| Private study | 248 hours (83%) |
| Total | 300 hours |
Private study description
Private study.
Costs
No further costs have been identified for this module.
You do not need to pass all assessment components to pass the module.
Students can register for this module without taking any assessment.
Assessment group D
| Weighting | Study time | Eligible for self-certification | |
|---|---|---|---|
| 2000 Word Essay | 20% | No | |
|
This will take the form of a case solution (Hausarbeit) |
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| Class Test 1 | 10% | No | |
|
This consists of multiple choice, short answer, missing words and a case study. |
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| Online Examination | 50% | No | |
|
This is a 2hr exam to be completed within the given 24hr period. ~Platforms - AEP
|
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| Class Test 2 (Take Home Case Solutions) | 10% | No | |
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Two take-home case solutions (Gutachten). Duration 60 minutes. |
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| Oral Exam | 10% | No | |
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Students are taking the exam in groups of three and each student is examined for about 10 minutes |
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Feedback on assessment
Class test and take home test: students are handed back a copy of their work with corrections and a feedback sheet setting out what was expected and how they could improve
Assessed essay: students receive a model answer and a feedback sheet explaining the strenghts and weaknesses of the work and how it could be improved
Exam: students receive a generic feedback sheet
Oral exam: immediate oral feedback and students receive a copy of the protocol if they wish
Courses
This module is Core for:
- Year 2 of ULAA-M134 Undergraduate Law with German Law
- Year 2 of ULAA-M10C Undergraduate Law with German Law (Qualifying Degree)
This module is Optional for:
-
ULAA-M300 Undergraduate Law
- Year 2 of M300 Law
- Year 3 of M300 Law
- Year 2 of ULAA-M106 Undergraduate Law (4 year) (Qualifying Degree)
- Year 2 of ULAA-M108 Undergraduate Law (Year Abroad) (Qualifying Degree)
- Year 3 of ULAA-ML33 Undergraduate Law and Sociology
- Year 2 of ULAA-M10A Undergraduate Law with French Law (Qualifying Degree)
- Year 3 of ULAA-M110 Undergraduate Law with Humanities (3 Year)
-
ULAA-M113 Undergraduate Law with Humanities (4 Year) (Qualifying Degree)
- Year 2 of M113 Law with Humanities (4 year) (Qualifying Degree)
- Year 3 of M113 Law with Humanities (4 year) (Qualifying Degree)
- Year 2 of ULAA-M115 Undergraduate Law with Social Sciences (3 Year) (Qualifying Degree)
This module is Unusual option for:
-
UPHA-V7MW Undergraduate Politics, Philosophy and Law
- Year 2 of V7MW Politics, Philosophy and Law
- Year 3 of V7MW Politics, Philosophy and Law
- Year 4 of UPHA-V7MX Undergraduate Politics, Philosophy and Law (with Intercalated Year)
This module is Option list A for:
- Year 4 of ULAA-M113 Undergraduate Law with Humanities (4 Year) (Qualifying Degree)
- Year 3 of ULAA-M115 Undergraduate Law with Social Sciences (3 Year) (Qualifying Degree)
This module is Option list B for:
- Year 5 of ULAA-ML35 BA in Law and Sociology (Qualifying Degree) (with Intercalated year)
- Year 4 of ULAA-ML33 Undergraduate Law and Sociology
This module is Option list E for:
- Year 2 of UPHA-V7MW Undergraduate Politics, Philosophy and Law