Disclaimer: This course has been updated to the best of our knowledge at the current time of publishing. Due to the Covid 19 pandemic and the fluctuating changes in lock down regulations all information contained within this course description are subject to change up to 1 September 2020.
Due to the uncertainty of the Covid 19 virus after 1 September 2020, changes to the course description can only be made in the event of strict necessity and only in the circumstances where the interests of the students are not impinged. Should there be a need for any change during the duration of the course, this will be informed to all students on a timely basis and will not be to the prejudice of students. Modifications after 1 September 2020 may only be done with the approval and consent of the Faculty Board.
This course provides students with an in-depth comparative overview and analysis of the law of property, including intellectual property rights and leasing and factoring transactions. The course covers several topics that will be analysed and discussed from a both theoretical and practical point of view. After a general introduction on the content and nature of the law of property, the course will examine the transfer of property in both civil law and common law. Specific attention will be given to special types of transfer of property, e.g. factoring and financial and operational lease, both being legal instruments of great practical relevance.
A second major topic within this course is security rights and secured transactions in both civil and common law. Due to their practical relevance as cornerstones of economic development and growth, especially in the areas of banking and finance, security rights are of special interest to unification projects such as the UNCITRAL Model Law on Secured Transactions that has been adopted on 1 July 2016. In practice, however, unification is still pending – the UNCITRAL Model Law is only a set of guidelines – and therefore practitioners are facing several difficulties in the completion of secured transactions in an international setting.
A third major topic within this course is IP rights. IP rights play an important and growing role in international trade. An overview of the different IP rights – patents, trademarks, designs and copyrights – will be followed by an analyses of the transactional aspects of IP rights. Specific topics, such as internet related infringement issues, will also be dealt with.
The course on International Property Law will conclude with a session on specific private international law issues such as the creation, recognition and enforcement of foreign security rights.
Programme Coordinator LLM (Adv) International Civil and Commercial Law
Office for International Education / Leiden Law School
Dr. Jeroen van der Weide E: firstname.lastname@example.org
METHOD OF INSTRUCTION
Online: interactive lectures, (oral) presentations & field trips.
Written exam (75%)
Oral presentation with underlying paper (25%)
The overall course grade should be at least 5,5 in order to complete the course successfully.
There will be one retake (100%) substituting all previous assessments. It will be up to the discretion of the examiner to decide on the form of the retake.
Full degree in law granting access to the legal profession (or equivalent).