Commercial and Financial Law
Information on study programme
Name of the study programme: | Commercial and Financial Law |
Field of study: | 30. Law/ISCED-F 0421 Law |
Cycle/level of qualification: | third/ISCED 8 |
Academic title: | doctor (philosophiae doctor) (PhD.) |
Language: | Slovak, English |
Form of study: | full-time/part-time |
Code CRSP | 12481/105870 106110/105868 |
Code PraF UK AIS2 | dOFP15/dOFPx15 |
Standard length of study: | three years (full-time)/four years (part-time) |
Method of study | attendance method |
Graduate profile and educational goals
Graduate of doctoral studies in the commercial and financial law study program master the scientific methods of basic and applied research in legal sciences, which serve as a basis for carrying out research and development and creating new scientific knowledge in the field of law, while the graduate is focused on the legal branch of business and financial law or a combination with related legal branches, primarily civil law, administrative law, international law and European Union law. In the given areas, he presents knowledge at the highest level, which is primarily represented by his publishing activity.
The graduate can analyze, synthesize and compare the legal institutes of the legal branch of commercial and financial law, as well as related legal branches, with the aim of creating de lege ferenda proposals, in the interest of their more effective application in the legal order. He is capable of using all supporting scientific methods of research in scientific work, while he is able to connect not only the legal institutes of commercial law and financial law, but also to think critically and interdisciplinaryly and thus understand from the point of view of basic and applied research the subsidiarity of the relationship between the Commercial Code and the Civil Code as supporting codes of private law and linking public and private finance institutes with the financial-legal framework. At the same time, it can identify the growth of legal institutes implemented from the legal systems of the European Union states into the legal system of the Slovak Republic. The graduate also masters conceptual, analytical and synthesizing knowledge in the field of commercial and financial law, with wide application in legal science and practice. With his personal scientific contribution, he is able to shape the further development of commercial and financial law on a national, and partly international, scale. Applies acquired knowledge in practice with knowledge of choosing alternative conceptual or individual solutions.
The graduate applies his own findings of his theoretical analysis and his complex scientific research in solving problems in social relations at the national, EU and international level. Based on his outputs and findings, he can propose, verify and implement new scientific knowledge. Within the legal branch of commercial and financial law, he is able to identify its shortcomings, propose their solution by methods of interpretation or law creation, and compare the current state of knowledge in the legal branch of commercial and financial law with the legal systems of other countries. In a given context, the graduate presents the most advanced and specialized skills and techniques, including the ability to synthesize and evaluate, that are required to solve fundamental problems in the field of research and/or innovation and to extend and redefine existing knowledge or professional practices.
The graduate has independent critical and analytical thinking, which he applies in changing social conditions and is able to independently present the results of research and development in the field of law in the legal branch of commercial and financial law, as well as in related legal branches, before the scientific and professional community in the Slovak Republic and abroad.
The graduate acquires the ability to work scientifically and pedagogically at the required methodological level in the field of law, in the legal branch of commercial and financial law, as well as in related legal branches, on the basis of which he is prepared to work qualifiedly within the pedagogical process at universities in the given fields.
The graduate acquires the ability to demonstrate considerable authority, innovation, independence, scientific and professional integrity, and assumes a permanent commitment to developing new ideas or practices. The components in question are primarily reflected in the graduate's ability to determine the focus of research and coordinate a team in the scientific field of business and financial law, as well as in related legal branches, and in regular publication activity, the quality of which corresponds to the standards of the Internal System for Ensuring the Quality of Higher Education of the Comenius University in Bratislava (Internal Regulation No. 23/2021), as well as the standard of Internal Regulation No. 5/2021, which regulates the internal system of quality assurance of higher education under the conditions of the Comenius University in Bratislava, the Faculty of Law and the Standards for the Internal System of Quality Assurance of Higher Education of the Slovak Accreditation Agency for Higher Education (hereinafter all three documents will be referred to as "Quality Standards") and which the graduate presented during his doctoral studies.
The educational goals in the commercial and financial law study program are achieved through the following measurable educational outputs in individual parts of the study program, which consists of a teaching part, a scientific part and a pedagogical part.
Teaching part - mainly teaching within profile subjects:
Methodology of science
Methodology of qualitative legal research
Within the above-mentioned subjects, it is ensured that the individual study programs of doctoral studies are strengthened in the study part in a common basis from the point of view of the methodology of science.
Within the Methodology of Science subject, student outputs are presented by the ability to formulate research hypotheses, by deepening skills in the application of methods of analysis and synthesis when writing scientific works, by complying with the requirements of the Quality Standards.
As part of the subject Methodology of qualitative legal research, the student will learn the method of qualitative research, which is in the context of determining the purpose and goals, the collection of data, the process of their analysis up to the writing of the final report, aimed at understanding and interpreting the meanings that the researching persons assigns to their experiences and perceptions . The goal is the search for causes and connections in the worlds of individuals and subsequent inductive prediction leading to answers to research questions.
Basics and application of legal education: methodology of the pedagogical process
By completing the subject, the student acquires core knowledge and relevant information, on the basis of which he is able to formulate the goals and content of their own pedagogical process. They control the organizational forms, didactic principles and teaching methods that are profiling for the pedagogical process, while they are capable of selecting them flexibly and correctly depending on the requirements of the pedagogical process, the taught subject and the target group. Based on their own knowledge, he identifies individual general and special requirements for the preparation of partial parts of the teaching process, emphasizing the specifics of teaching focused on legal education.
Current issues of financial law
The student will acquire knowledge about current issues of financial law and the pitfalls arising from them in application practice. Improve your presentation skills. At the same time, they will improve their scientific writing skills, which will systematically prepare them for writing a dissertation.
Current issues of commercial law
The student acquires knowledge within his specialization. The student deepens his current knowledge of commercial law and acquires an educational superstructure for his future scientific activity. At the same time, the student is introduced to the center of gravity institutes within the issue of business companies, business obligation relations, the issue of securities and competition law. The student analyzes the current jurisprudence of the highest judicial instances, including the SC of the EU and the ECtHR, and evaluates their impact on the doctrine of commercial and financial law. As part of completing the course and his interim evaluation, the student specializes in the issue within his dissertation topic.
Current trends in the development of financial law in the national and international context - comparison in Europe
The student will gain knowledge about the current development trends of European financial-legal standards, as selected sub-branches of financial law are increasingly determined by European legislation. Based on the analysis of selected legal institutes, their presentation and subsequent discussion, students will deepen their knowledge about the transposition of the institutes in question from European to national legislation.
Current trends in the development of commercial law in the national and international context - comparison in the European Union
The student will deepen his current knowledge of commercial law and acquire an educational superstructure, while gaining knowledge regarding the current development of commercial law in the area of private law as such, not only at the national level, but also from the point of view of development in selected EU countries, which partially have common legal history with Slovakia, the student also acquires knowledge from soft law sources, e.g. European Model Company Act (EMCA), UN recommendations in the field of Business and Human Rights, sustainable development
Simulated case studies in financial law
By completing the subject, the student will gain an overview of the decision-making activities of Slovak authorities and courts, courts and institutions of selected European Union states, as well as the jurisprudence of the Court of Justice of the European Union in selected areas of financial law. By analyzing the decisions, the student will deepen his knowledge of the legal issues of substantive financial law, as well as procedural-legal institutes, and at the same time improve his ability to interpret court decisions and decisions of financial-legal authorities. By solving simulated cases, the student will improve his legal argumentation and creative solution of legal problems.
Simulated commercial law case studies
By completing the subject, the student will gain an overview of the current decision-making activities of Slovak, Czech and European courts. At the same time, he will deepen his knowledge of legal issues, improve his ability to interpret court decisions and legal argumentation. The doctoral student combines knowledge of law with a creative approach to solving legal problems and can solve even difficult cases.
Preparation of a dissertation project in commercial and financial law
By systematically preparing a dissertation project under the guidance of his supervisor, the student not only learns, but also acquires the ability to apply the basic methods of scientific work and their use in his own research and scientific activity. Under the influence of the supervisor's regular logical and thoughtful mentoring, which appropriately influences the entire project preparation process, after completing the subject, the doctoral student is able to formulate basic scientific questions and scientific hypotheses, which are at the same time a presumed result. The emphasis placed on the active component of research is determined by the student's own creative activity. The aforementioned process is finalized by the development of a dissertation project, in which, based on the previous scientific investigation of the issue and knowledge, he formulates and specifies the basic hypotheses, and at the same time creates a scientific platform for further research in the researched area. The project also includes elaborated sub-goals that condition the achievement of the main goal. The project does not lack discussion, as well as its results. The author's own attitudes and solutions arrived at are logically organized and sufficiently evaluated. At the same time, the student is able to comment on all facts and knowledge in confrontation with the results of research works of other authors or decisions of relevant authorities applying the law, mainly case law. After graduation, the doctoral student is able to present, argue partial results of scientific research and lead a scientific and professional discussion regarding the issue in question.
Scientific part
The minimum scope of compulsory optional scientific activity results from the Directive of the Dean of Comenius University in Bratislava, Faculty of Law, which regulates the evaluation of selected scientific activities of university teachers, researchers and doctoral students at Comenius University in Bratislava, Faculty of Law (Internal Regulation No. 1/2018). Pursuant to Article 6(1) of Internal Regulation no. 1/2018 the faculty of law annually prepares an overall assessment of the scientific and professional activity of the persons listed in Art. 1, including doctoral students. During the evaluated period (1 calendar year), the doctoral student of the faculty of law is obliged to achieve an evaluation of at least 30 points for the publication activity in the case of a full-time doctoral student, and at least 20 points in the case of a part-time doctoral student. A full-time doctoral student must achieve at least 35 points in the overall evaluation for the evaluated period (1 calendar year). A doctoral student in an external form of study is obliged to achieve at least 25 points in the overall evaluation for the evaluated period (1 calendar year). The specific number of points for individual categories follows from Art. 2-5 of Internal Regulation no. 1/2018: https://www.flaw.uniba.sk/fileadmin/praf/O_fakulte/Dokumenty/VP_2018/VP_2018_01.pdf
The quality of the publication activity of doctoral students, especially in the context of the Quality Standards, is evaluated annually by the Council for the Quality of Science and Doctoral Studies of the Comenius University in Bratislava, Faculty of Law.
Pedagogical part
The doctoral student, at the beginning also under the supervision of their supervisor, applies and improves the skills in teaching that he previously acquired through their own observation in the mentioned subjects and within the profile subject Basics and application of legal education: methodology of the pedagogical process.
Employment of graduates
- assistant professors and scientific workers at universities and other scientific institutions
- judges of the supreme courts,
- senior staff of analytical departments at the highest courts, senior staff in central state administration bodies and in European structures
- advocacy (head of the work team)
Admission requirements and procedure
Required skills and requirements for admission to study:
Conditions for admission to study at the Comenius University in Bratislava, Faculty of Law, according to § 57 of Act no. 131/2002 Coll. on Higher Education Institutions and on Amendments to Certain Acts as amended and information pursuant to Art. 3 par. 5 of the rules of the admission procedure at the Comenius University in Bratislava (internal regulation No. 4/2021):
https://www.flaw.uniba.sk/fileadmin/praf/Studium/uchadzac/2022_2023/PhD_pravo_2022_23_V1.pdf
Procedures for admission to study:
Rules of the admission procedure at Comenius University (internal regulation 4/2021)
https://uniba.sk/fileadmin/ruk/legislativa/2021/Vp_2021_04.pdf
Study Programme Council
Members of the Study Programme Council:
Guarantor: | prof. JUDr. Mária Patakyová, CSc. | VUPCH | VTČ |
| Co-guarantors: | prof. JUDr. Ľubomír Čunderlík, PhD. | VUPCH | VTČ |
| doc. JUDr. Ing. Matej Kačaljak, PhD. | VUPCH | VTČ | |
| doc. Dr. iur. Angelika Mašurová, MLE. | VUPCH | VTČ | |
| doc. JUDr. Peter Lukáčka, PhD. | VUPCH | VTČ | |
| Students: | Mgr. Regína Šťastová | ||
| External member: | Mgr. Lukáš Lapšanský, PhD. - Slovenská akadémia vied, Ústav štátu a práva |
Documents
Meetings of the Study Program Council:
Date: | Description: | Minutes (in Slovak): |
18.05.2022 | discussion of the graduate profile proposal | |
20.04.2023 | evaluation of the study programme for the year 2022/2023 | |
13.10.2023 | discussing and approving updates to curriculum descriptions and the internal evaluation report |
Decisions:
Date: | Authority: | Decision: |
31.05.2022 | Accreditation Council of the CU, FLAW | |
19.08.2022 | Accreditation Council of the CU |
Framework agreement on cooperation with an external educational institution: Agreement
Descriptions of study programs and internal evaluation reports:
Study program code CRŠ/PraF UK AIS2: | Document: |
12481/dOFP15 | |
105870/dOFPx15 | |
106110/dOFP15EN | |
105868/dOFPx15EN | |
dOFP15 |