Dear Students,
We will be structuring our course from comparative law perspective. This approach will help you to
understand certain uniform concepts used and applied within commercial law. Our
reading materials are
mostly in English language and our class discussions will be both in Azerbaijani (70%) and English (30%)
languages. You will need to read materials and be ready to engage into class discussions.
We will be using different materials based on English law practice, American law practice, German law
practice, Russian law practice.
While reading materials think how it applies (or would have applied) under Azerbaijan law. Is there
similar or different approach under Azerbaijan law? Try to compare with Azerbaijan law based on
knowledge you have gained in previous law courses.
Unfortunately, there is not many materials on commercial law in Azerbaijani
language neither materials
about Azerbaijani commercial law. We will be reviewing Azerbaijani legislative and court materials such
as the Civil Code, various laws, Supreme Court and Constitutional Court’s cases.
However, in contrast
to some other areas of law, we can say commercial law’s
main concepts are
universally applied, i.e. freedom of
contract, legal
personality, equality parties, etc.
From historical
perspective one may argue that several key commercial law concepts and principles have been developed
under the strong influence of common law (predominantly English law).
During our classes you will be reading landmark court cases from 18
th
-19
th
-20
th
centuries that discusses
and analyzes several topic widely used within commercial relationships until today.
For our first class please follow these guides while reading the materials:
1.
Business Activities and Legal Environment
-
while reviewing sections 1.2 think/compare how it similar/different to/from Azerbaijan law.
-
Do not focus much on 1-2d section. You can read it to compare with Azerbaijan law approach.
-
You can ignore sections from 1-3a to 1-3d. but read paras: Basic Steps in Legal
Reasoning and
There is no one “Right” Answer.
-
You can ignore the whole sections 1-6 and 1-7
2.
Business law intro reading – Features of Russian law
-
While reading this material try to think of similarity and difference with the Azerbaijani law
practice (based on your gained knowledge)
-
In the material you will notice reference to the Russian Civil Code (in the text – Civil Code).
Try to find similar articles in the Azerbaijani Civil Code (
http://www.e-
qanun.az/framework/46944
)
3.
Also read the following articles of the Constitution (
http://www.e-qanun.az/framework/897
)
-
articles 13, 15, 59
