Бакалавриат
2026/2027
Развитие гражданского права: право и экономика
ID 1271080
Статус:
Курс обязательный (Юриспруденция)
Кто читает:
Кафедра гражданского права (Санкт-Петербург)
Где читается:
Юридический факультет (Санкт-Петербург)
Когда читается:
5-й курс, 1, 2 модуль
Охват аудитории:
для своего кампуса
Преподаватели:
Гаджиев Гадис Абдуллаевич
Язык:
английский
Кредиты:
5
Контактные часы:
56
Course Syllabus
Abstract
The course introduces students to an interdisciplinary approach to law. This discipline is aimed at identifying the theoretical foundations and objective laws of legal regulation of economic relations and gaining knowledge about the main directions of development and application of this interdisciplinary area of research.
Learning Objectives
- To introduce students to an interdisciplinary approach to law. To identify the theoretical foundations and objective patterns of legal regulation of economic relations. To gain knowledge about the main areas of development and application of this interdisciplinary area of research. Including the formation of the research program "economic theory of civil law ("law and economics"); about economic theory (institutional economics and science of civil law; about the so-called transaction economics; about the Coase theorem and externalities; about ways to protect violated civil rights from the point of view of economic theory; about consequentialism and economic incentives based on civil law; about the possibilities of using meta-legal argumentation in developing acts of justice in civil cases; about standards of proof in complex cases in a comparative legal perspective;
- Acquiring the skill of independent work with court decisions on economic and legal topics (case method). Acquiring the skill of constructing arguments from legal-dogmatic and economic-legal positions.
- To acquire skills in order to apply constitutional and legal principles: freedom of contract, protection of private property and protection of competition to resolve legal disputes.
Expected Learning Outcomes
- Assess the risks of formalism when resolving complex cases on economic topics. Analyze the practice of resolving complex cases in courts
- Interpret economic theories of the effectiveness of civil law norms.
- Analyze the relationship between economic and civil law relations through the prism of "Law and Economics"
- Obtain skills in resolving cases in which the norms of the General Part of the Civil Code of the Russian Federation are applied
- Interpret the concept of legal formalism in private law.
- Implement the ideas of "Law and Economics" in resolving corporate disputes.
Course Contents
- Lecture 1. Law and economics: complementarity and development
- Lecture 2 Criteria for distinguishing between civil law and economic science. The resonance of philosophical and economic ideas in law.
- Lecture №3 Economic incentives created by civil law norms. Consequentialism
- Lecture No. 4 The interdisciplinary approach of law and economics and German Doctrionalism
- Lecture 5 Legitimation of "Law and Economics" Ideas in Russia
- Topic 6 Coase Theorem. The concept of transaction costs.
- Lecture No. 7 Economic theory of property rights and its means of protection from the perspective of Law and Economics
- Topic 8 The Resolutions of the Constitutional Court of the Russian Federation on Economic Analysis of Corporate law
- Topic 9. Treaties from the perspective of Law and Economics (according to O.E Williamson)
- Topic 10 Effectiveness as a legal norm (according to G.B Shefer) from the perspective of "Law and Economics"
- Topic 11 Economic analysis of freedom of contract in terms of Law and Ecomics
- Topic 12 Risk distribution in the event of a legislative gap (via cheapest risk bearer concept). Manufacturer’s liability.
- Topic 13 Intellectual property rights from the point of view of Law and Economics
- Topic 14 Freedom of Contract in Law and Economics
Assessment Elements
- Written EssayThe purpose of the essay is to test students' ability to analyze the studied literature and judicial practice. In the form of an essay, students are asked to present their vision of a solution to an existing problem in science or practice within the framework of the course being studied. The essay is written by the student independently outside the classroom. Specific essay topics are determined by the teacher. An essay usually differs from a simple abstract (compilation) of sources by the student's pronounced creative, problematic approach to the presentation and analysis of the problem reflected in the title of the work. When completing the work, the student must demonstrate the ability to discover the essence of the legal problem, navigate the current legislation and law enforcement practice. Particular attention when evaluating the essay is paid to the student's ability to consistently, logically and competently present their opinions. The essay must contain a competently stated and reasoned position of the author. In terms of volume, the content of the essay should not exceed eight A4 sheets (Times New Roman font, font size 12-14, one and a half spacing). When writing the essay, the use of AI (any model) is permitted as an additional source of information only and it must be accompanied by the following information: which AI tools were used (name and version), at which stages of the task they were applied, and which main prompts (requests) significantly influenced the resulting output; relevant images (screenshots). All results obtained using AI must be personally verified: the student must check all facts, references, and other information generated by AI. 1. The tasks of the current and final control can be carried out on the LMS platform, using the video conferencing platforms LMS or Webinar. During the completion of the current and final control tasks, the student must ensure that there is a stable Internet connection and a working (turned on) video camera. Failure to comply with the specified conditions is equivalent to failure to appear at the control element. 2. In the event that when checking students' written papers, including exam papers, it is revealed that the text of the answer is completely or partially identical between different students, and this coincidence is not caused by quoting the norms of the law or judicial practice of higher courts, all students who have a match are given a score of 0 for their work, without clarifying the reasons for this coincidences. 3. The duration of each control element set by this program includes the time of writing the control element and the time of its delivery when written in paper form, the time of its loading when executed in the SmartLMS system.
- The ExamThe exam is conducted as follows: The student receives an exam ticket containing two questions. The first question is of a theoretical nature, the second question is based on the results of practical classes. The use of AI models or apps is strictly prohibited during the exam. 1. The tasks of the current and final control can be carried out on the LMS platform, using the video conferencing platforms: LMS, Webinar. During the completion of the current and final control tasks, the student must ensure that there is a stable Internet connection and a working (turned on) video camera. Failure to comply with the specified conditions is equivalent to failure to appear at the control element. 2. In the event that when checking students' written papers, including exam papers, it is revealed that the text of the answer is completely or partially identical between different students, and this coincidence is not caused by quoting the norms of the law or judicial practice of higher courts, all students who have a match are given a score of 0 for their work, without clarifying the reasons for this coincidences. 3. The duration of each control element set by this program includes the time of writing the control element and the time of its delivery when written in paper form, the time of its loading when executed in the SmartLMS system.
- Seminar's ActivityFor active work in seminar classes (discussing court cases, solving problems, participating in discussions), demonstrating preparation for the class and positively noted by the teacher in at least 60% of seminar classes, the student can receive 1 point for all seminar classes preceding the exam in total. For active work in seminar classes (discussing court cases, solving problems, participating in discussions), demonstrating preparation for the class and positively noted by the teacher in at least 75% of seminar classes, the student can receive 2 points for all seminar classes preceding the exam in total. If the student is insufficiently active in seminar classes, the student accordingly receives 0 points. The score received by the student is announced to him at the last seminar class and is taken into account when assigning the resulting and final grade for the discipline. When preparing for seminar classes, the use of AI (any model) is permitted as an additional source of information, but it must be accompanied by the following information: which AI tools were used (name and version), at which stages of the task they were applied, and which main prompts (requests) significantly influenced the resulting output; relevant images (screenshots). All results obtained using AI must be personally verified: the student must check all facts, references, and other information generated by AI.
Interim Assessment
- 2026/2027 2nd moduleThe formula of the resulting estimate. Discipline Final Grade = k1 x Essay + k2 x Examination, +Seminars where: final score (maximum 10 points), k1 = 0,5, k2 = 0,6, Essay points received for the essay (maximum 4 points), Exam - the points received for the exam (maximum - 10 points), Seminars –points earned for work in seminar classes: participation in the discussion of theoretical and practical issues, specific court cases, solving problems, etc. (maximum –2 points).
Bibliography
Recommended Core Bibliography
- Конституционная экономика : учебное пособие. — Москва : Юстицинформ, 2010. — 256 с. — ISBN 978-5-7205-1067-1. — Текст : электронный // Лань : электронно-библиотечная система. — URL: https://e.lanbook.com/book/10594 (дата обращения: 00.00.0000). — Режим доступа: для авториз. пользователей.
- Свобода договора и ее пределы. Т.1: Теоретические, исторические и политико-правовые основания принципа свободы договора и его огранич..., Карапетов, А. Г., 2012
- Свобода договора и ее пределы. Т.2: Пределы свободы определения условий договора в зарубежном и российском праве, Карапетов, А. Г., 2012
- Экономический анализ права, Карапетов, А. Г., 2016
Recommended Additional Bibliography
- Одинцова, М. И. Институциональная экономика : учебник для вузов / М. И. Одинцова. — 4-е изд., перераб. и доп. — Москва : Издательство Юрайт, 2024. — 459 с. — (Высшее образование). — ISBN 978-5-9916-6666-4. — Текст : электронный // Образовательная платформа Юрайт [сайт]. — URL: https://urait.ru/bcode/535837 (дата обращения: 02.07.2026).