Commercial law structures the architecture of the political economy. The workings of the economy, relative advantages to certain individuals and entities, corresponding obligations on some or all depend on these background norms constituting the "rules of the game." Contract law and property law are, of course, key. Commercial law, however, shapes the life of business organizations, high finance, credit markets, and the transfers of payments and liquid assets. This course focuses on the hegemonic models of commercial law in the world today. Foremost is the Uniform Commercial Code as adopted by the individual states in the United States, especially Article 9 on secured transactions, Articles 3, 4 and 4A on payment systems, and Delaware corporate law. In comparison, the course examines prevalent models in France, Italy and Latin America. Throughout the course, a focus is on heterodox developments in the field of commercial law deviating from the main prescriptions of international financial institutions, the European Union and dominant U.S. models. Those heterodox examples typically attempt to implement greater corporate responsibility, the defense of the weaker party, industrial policy and/or alternative goals. From this perspective, the course provides the tools for conceiving of alternative political economies.
Jorge ESQUIROL
Séminaire
English
Autumn 2024-2025
Participation and Attendance: Attendance is mandatory. Only medically-excused absences are allowed.
Assignments: Before each class, students must submit one “informed question.” The informed question is a genuine question that the student has after studying the material for that class. The informed question should reflect that the student has reviewed the materials and has identified an inconsistency, contradiction or doubt.
Late-Term Quiz: Toward the end of the term, there is a 30-minute quiz at the beginning of class. The quiz will be short-answer format and will gauge student comprehension of prior class discussions. .
Final Paper: There is a final 5-page paper required for this course, due the last day of the semester. .
Grades: On a 20 point scale.
Final Paper: 11 points.
Quiz: 4 points.
Assignments: 3 points.
Class participation: 2 points.