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. 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.
As an example of a field of commerce where property law principles are applied in practice, some finance transactions will be analysed. More specifically this course will focus on leasing and factoring transactions. 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 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
Interactive lectures, (oral) presentations & field trip.
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).