Faculty of Law / CIVIL LAW / PROPERTY LAW
| Course: | PROPERTY LAW/ |
| Course ID | Course status | Semester | ECTS credits | Lessons (Lessons+Exercises+Laboratory) |
| 11845 | Obavezan | 1 | 7 | 4+1+0 |
| Programs | CIVIL LAW |
| Prerequisites | No prerequisites. |
| Aims | Deep theoretical study of real property law. Analysis of domestic legislation in this area. Connecting previously acquired knowledge from the subject of Property Law with the innovations in contemporary law. |
| Learning outcomes | After passing this exam, the student will be able to: define and explain the system, individual institutes, and concepts of real property law; critically examine regulations governing real property law; argue, assess, and critique the advantages and disadvantages of certain institutes in national law; notice differences, and discuss them, in the regulation of certain institutes in national and comparative law; compare various legal institutes of real property law available for resolving specific cases; analyze specific factual situations and connect relevant facts with legal rules and based on that determine the rights vested in holders of real property, as well as other individuals; analyze, critique, and justify specific solutions from case law in the field of real property law. |
| Lecturer / Teaching assistant | Professor Zoran Rašović, PhD |
| Methodology | Lectures, consultations, exercises, seminars, tests, and final exam. Practical training is conducted during part of the lecture hours (10 hours) and exercises (15 hours) and includes: lectures by guest speakers, visits to Montenegrin courts, familiarization with the judicial practice of Montenegrin courts and the European Court (at the court or as part of classes at the faculty), analysis of case law by students. |
| Plan and program of work | |
| Preparing week | Preparation and registration of the semester |
| I week lectures | Subjects and objects of ownership rights. |
| I week exercises | Subjects and objects of ownership rights. |
| II week lectures | State ownership; Practical training - analysis of case law (location: Faculty of Law); |
| II week exercises | State ownership; Practical training - analysis of case law (location: Faculty of Law); |
| III week lectures | Constitutional guarantee of ownership. |
| III week exercises | Constitutional guarantee of ownership. |
| IV week lectures | Ownership as a social function. |
| IV week exercises | Ownership as a social function. |
| V week lectures | Abuse of ownership rights; Practical training - analysis of case law (location: Faculty of Law); |
| V week exercises | Abuse of ownership rights; Practical training - analysis of case law (location: Faculty of Law); |
| VI week lectures | First exam. |
| VI week exercises | First exam. |
| VII week lectures | Limitations of ownership rights. |
| VII week exercises | Limitations of ownership rights. |
| VIII week lectures | Acquisition of ownership rights. |
| VIII week exercises | Acquisition of ownership rights. |
| IX week lectures | Protection of ownership rights; Practical training - Visit to the Basic Court in Podgorica (location: Basic Court Podgorica); |
| IX week exercises | Protection of ownership rights; Practical training - Visit to the Basic Court in Podgorica (location: Basic Court Podgorica); |
| X week lectures | Second Exam. |
| X week exercises | Second Exam. |
| XI week lectures | Co-ownership. |
| XI week exercises | Co-ownership. |
| XII week lectures | Joint-ownership. |
| XII week exercises | Joint-ownership. |
| XIII week lectures | Condominium ownership; Practical training - analysis of case law (location: Faculty of Law); |
| XIII week exercises | Condominium ownership; Practical training - analysis of case law (location: Faculty of Law); |
| XIV week lectures | Final exam. |
| XIV week exercises | Final exam. |
| XV week lectures | Retake Final exam. |
| XV week exercises | Retake Final exam. |
| Student workload | Weekly 7 credits x 40/30 = 9 hours and 20 minutes Structure: 4 hours of lectures 1 hour of exercises 4 hours and 20 minutes of individual student work (preparation for laboratory exercises, quizzes, homework) including consultations Throughout the semester Teaching and final exam: (9 hours and 20 minutes) x 16 = 149 hours and 20 minutes Necessary preparation before the start of the semester (administration, enrollment, certification): 2 x (9 hours and 20 minutes) = 18 hours and 40 minutes Total workload for the subject: 7 x 30 = 210 hours Additional work for exam preparation in the retake exam period, including taking the retake exam: 0 - 30 hours. Load structure: 149 hours and 20 minutes (teaching) + 18 hours and 40 minutes (preparation) + 30 hours (additional work) |
| Per week | Per semester |
| 7 credits x 40/30=9 hours and 20 minuts
4 sat(a) theoretical classes 0 sat(a) practical classes 1 excercises 4 hour(s) i 20 minuts of independent work, including consultations |
Classes and final exam:
9 hour(s) i 20 minuts x 16 =149 hour(s) i 20 minuts Necessary preparation before the beginning of the semester (administration, registration, certification): 9 hour(s) i 20 minuts x 2 =18 hour(s) i 40 minuts Total workload for the subject: 7 x 30=210 hour(s) Additional work for exam preparation in the preparing exam period, including taking the remedial exam from 0 to 30 hours (remaining time from the first two items to the total load for the item) 42 hour(s) i 0 minuts Workload structure: 149 hour(s) i 20 minuts (cources), 18 hour(s) i 40 minuts (preparation), 42 hour(s) i 0 minuts (additional work) |
| Student obligations | Students are required to attend lectures, exercises, and take exams. |
| Consultations | Every day after class. |
| Literature | Real Property Law - Zoran Rašović Real Property Law - Obren Stanković, Miodrag Orlić Real Property Law - Dragoljub Stojanović Foundations of Real Property Law - Andrija Gams Commentary on the Law on the Basics of Proprietary-Legal Relations - Zoran Rašović |
| Examination methods | Grading is based on: First and second exam in the form of a test (allows for earning up to 35 points). Practical training and seminar paper with defense, up to 30 points. Final exam in the form of a test (allows for earning up to 35 points). A student passes the exam if they accumulate at least 50 points cumulatively across all forms of knowledge assessment. |
| Special remarks | / |
| Comment | / |
| Grade: | F | E | D | C | B | A |
| Number of points | less than 50 points | greater than or equal to 50 points and less than 60 points | greater than or equal to 60 points and less than 70 points | greater than or equal to 70 points and less than 80 points | greater than or equal to 80 points and less than 90 points | greater than or equal to 90 points |
Faculty of Law / CIVIL LAW / CONTRACT LAW
| Course: | CONTRACT LAW/ |
| Course ID | Course status | Semester | ECTS credits | Lessons (Lessons+Exercises+Laboratory) |
| 12615 | Obavezan | 1 | 7 | 4+0+0 |
| Programs | CIVIL LAW |
| Prerequisites | Requirements for other courses: There are no requirements for registering and taking courses |
| Aims | Objectives of studying the subject: Studying the subject matter of Contract Law. Analysis of domestic legislation in the area of conclusion and fulfillment of contractual obligations and detailed study of the PECL and DCFR texts. Connecting previously acquired knowledge from the subject Law of Obligations with novelties in modern contract law. |
| Learning outcomes | LEARNING OUTCOMES: define and explain the concept, significance and role of contract law in it; defines and explains the conditions of creation, effect, ways and conditions of termination, securing and modification of contractual relations in contract law; reads and interprets legal regulations governing contract law and analyzes court practice; perceive and understand the relationship, similarities and differences of European and domestic contract law; conclude to what extent domestic legislation is harmonized with European contract law. |
| Lecturer / Teaching assistant | Doc. dr Draginja Vuksanović |
| Methodology | Method of teaching and mastering the material: - Lectures, exercises, consultations, discussions, individual assignments, analysis of examples from court practice - Exercises make up 20% of the total number of hours provided for the Contract Law course. - The exercises consist of students practical work, which includes contract writing and analysis of examples from court and business practice. Methods of working on exercises are: case method, simulation, Socrates method. |
| Plan and program of work | |
| Preparing week | Preparation and registration of the semester |
| I week lectures | Contract law - concept, development and significance. The place of contract law in the system of property law |
| I week exercises | |
| II week lectures | Principles of contract law. Basic principles of ZOO |
| II week exercises | |
| III week lectures | Contract law in ZOO, PECL, DCFR |
| III week exercises | |
| IV week lectures | Concept of contract; Contract divisions |
| IV week exercises | |
| V week lectures | Conditions for concluding the contract |
| V week exercises | |
| VI week lectures | Conclusion of the contract (negotiations, offer, acceptance of the offer) |
| VI week exercises | |
| VII week lectures | Interpretation of contracts; Contract integration |
| VII week exercises | |
| VIII week lectures | Content and effect of the contract |
| VIII week exercises | |
| IX week lectures | Obligatory contracts with multiple entities |
| IX week exercises | |
| X week lectures | Substitutions of entities in a contractual relationship (assignment of claims, assumption of debt, assignment of contracts) |
| X week exercises | |
| XI week lectures | Means of security |
| XI week exercises | |
| XII week lectures | Fulfillment of the contract |
| XII week exercises | |
| XIII week lectures | Failure to fulfill the contract. Rights in case of breach of contract |
| XIII week exercises | |
| XIV week lectures | Other ways of terminating the contract |
| XIV week exercises | |
| XV week lectures | Concluding remarks |
| XV week exercises |
| Student workload | |
| Per week | Per semester |
| 7 credits x 40/30=9 hours and 20 minuts
4 sat(a) theoretical classes 0 sat(a) practical classes 0 excercises 5 hour(s) i 20 minuts of independent work, including consultations |
Classes and final exam:
9 hour(s) i 20 minuts x 16 =149 hour(s) i 20 minuts Necessary preparation before the beginning of the semester (administration, registration, certification): 9 hour(s) i 20 minuts x 2 =18 hour(s) i 40 minuts Total workload for the subject: 7 x 30=210 hour(s) Additional work for exam preparation in the preparing exam period, including taking the remedial exam from 0 to 30 hours (remaining time from the first two items to the total load for the item) 42 hour(s) i 0 minuts Workload structure: 149 hour(s) i 20 minuts (cources), 18 hour(s) i 40 minuts (preparation), 42 hour(s) i 0 minuts (additional work) |
| Student obligations | Students are required to attend classes, exercises and do colloquiums. |
| Consultations | Consultations: After the appointment scheduled for lectures |
| Literature | Literature: 1. Snežana Miladinović: Načela evropskog ugvornog prava (osnova novog evropskog ugovornog prava i uticaj na Zakon o obligacionim odnosima Crne Gore), Univerzitet Crne Gore, Pravni fakultet, Podgorica, 2011. 2. Oliver Antić, Obligaciono pravo, Pravni fakultet Univerziteta u Beogradu, Beograd, 2012. 3. Slobodan Perović, Obligaciono pravo, Savremena administracija, Beograd, 1990. 4. Ilija Zindović, Obligaciono pravo, posebni deo, Poslovni biro, Beograd, 2010. 5. Komentar Zakona o obligacionim odnosima, Savremena administracija, Beograd, 1995. Dodatna literatura (članci i rasprave stranih i domaćih autora) za izradu seminarskih radova i eseja |
| Examination methods | Forms of knowledge testing and evaluation: The following are evaluated: • Students take one colloquium, which is scored from 0 to 45 points. • The colloquium, remedial colloquium and exam are taken orally. • At the colloquium, remedial colloquium and final exam, the student selects three questions that are evaluated individually • Exercise activity (practical teaching) is evaluated from 0 to 10 points. • In the final exam, the student can score from 0 to 50 points • The final grade is formed by adding up the total number of points earned. |
| Special remarks | |
| Comment |
| Grade: | F | E | D | C | B | A |
| Number of points | less than 50 points | greater than or equal to 50 points and less than 60 points | greater than or equal to 60 points and less than 70 points | greater than or equal to 70 points and less than 80 points | greater than or equal to 80 points and less than 90 points | greater than or equal to 90 points |
Faculty of Law / CIVIL LAW / REAL LAW CLINICS
| Course: | REAL LAW CLINICS/ |
| Course ID | Course status | Semester | ECTS credits | Lessons (Lessons+Exercises+Laboratory) |
| 12614 | Obavezan | 1 | 8 | 4+1+0 |
| Programs | CIVIL LAW |
| Prerequisites | Objectives of studying the subject: Study of court and other practice in Civil Law. Application of legislation. Permeation of the theoretical and the practical. Preparation of students for legal practice. |
| Aims | Objectives of studying the subject: Study of court and other practice in Civil Law. Application of legislation. Permeation of the theoretical and the practical. Preparation of students for legal practice. |
| Learning outcomes | LEARNING OUTCOMES: After the student passes this exam, he/she will be able to: review and explain the course of the litigation process as well as the role of the parties in that process; explain the powers and position of an attorney in civil proceedings and what distinguishes him from a defense attorney in criminal proceedings; explain the role of the notary and what are his responsibilities; write a civil-legal complaint; draw up a contract in the field of civil legal relations (e.g. Contract on the purchase and sale of immovable property, Gift contract, Mortgage contract, Leasing contract...); write the sentence of the civil judgment and review the essential elements that each civil judgment contains; differentiates the form of a judgment rendered in a civil proceeding from a judgment rendered in a criminal proceeding; apply the method of writing the paper, to correctly cite the author and analyze the case from practice and derive his conclusion and position in relation to the case in question |
| Lecturer / Teaching assistant | doc. dr Draginja Vuksanović |
| Methodology | Teaching method and mastering the material: I Lectures; consultations II Practical work: 1) Work in pairs; 2) Discussion in groups and group problem solving; 3) Mini-debates and personal observations; 4) Socrates method; "Pro et contra"; 5) Analysis of the case and legal position; 6) "We are solving my case or my friends or relatives" 7) Listening, observation and persuasion exercises; 8) Reading legal texts and court analyses; 9) Self-assessment of colleagues 10) Simulations. III Tests and final exam |
| Plan and program of work | |
| Preparing week | Preparation and registration of the semester |
| I week lectures | Getting to know, preparing and enrolling for the semester. Emergence, development and importance of legal clinics |
| I week exercises | |
| II week lectures | Null and voidable legal affairs in practice; Lawsuits to establish the nullity of a legal transaction; Actions to set aside to set aside a voidable legal transaction |
| II week exercises | |
| III week lectures | |
| III week exercises | Delusion, fraud, threat and coercion in practice; Validation of collapsible legal work in practice |
| IV week lectures | Declaratory, condematory and constitutive lawsuits in practice; Declarative, condematory and constitutive judgments in practice |
| IV week exercises | |
| V week lectures | State in practice; Protection of the state in practice through simulated trials |
| V week exercises | |
| VI week lectures | Acquisition of property rights in practice; Derivative acquisition of property rights in practice. Drafting property legal claims |
| VI week exercises | |
| VII week lectures | Practical exercises in state affairs and acquisition of property rights |
| VII week exercises | |
| VIII week lectures | Verification of acquired knowledge (analysis of previous work and cases that the teacher prepares in the class without a predecessor) |
| VIII week exercises | |
| IX week lectures | Original ways of acquiring property rights in practice |
| IX week exercises | |
| X week lectures | Protection of property rights in practice; Reivindicatio, publicity claim, negative claim, |
| X week exercises | |
| XI week lectures | Co-ownership, joint ownership and condominium ownership in practice |
| XI week exercises | |
| XII week lectures | Real and personal services in practice; Acquisition and protection of officialdom in practice |
| XII week exercises | |
| XIII week lectures | Actual guarantees in practice; pledge, mortgage and fiduciary property in practice |
| XIII week exercises | |
| XIV week lectures | Real estate cadastre, registration, pre-registration and recording in practice |
| XIV week exercises | Verification of acquired knowledge (analysis of previous work and cases that the teacher prepares in the class without a predecessor) |
| XV week lectures | Final exams Certification of the semester and registration of grades Remedial exam period |
| XV week exercises |
| Student workload | |
| Per week | Per semester |
| 8 credits x 40/30=10 hours and 40 minuts
4 sat(a) theoretical classes 0 sat(a) practical classes 1 excercises 5 hour(s) i 40 minuts of independent work, including consultations |
Classes and final exam:
10 hour(s) i 40 minuts x 16 =170 hour(s) i 40 minuts Necessary preparation before the beginning of the semester (administration, registration, certification): 10 hour(s) i 40 minuts x 2 =21 hour(s) i 20 minuts Total workload for the subject: 8 x 30=240 hour(s) Additional work for exam preparation in the preparing exam period, including taking the remedial exam from 0 to 30 hours (remaining time from the first two items to the total load for the item) 48 hour(s) i 0 minuts Workload structure: 170 hour(s) i 40 minuts (cources), 21 hour(s) i 20 minuts (preparation), 48 hour(s) i 0 minuts (additional work) |
| Student obligations | Obligations of students during classes: Students are required to attend classes, do homework, analyze cases from court practice that the teacher gives them to solve. |
| Consultations | Consultations: After the appointment scheduled for lectures |
| Literature | Literature: Zoran Rašović, Građansko pravo, Podgorica, 2006; Zoran Rašović, Stvarno pravo, Beograd, 2005; Obren Stanković – Miodrag Orlić, Beograd, 2001. ; Massimo Bianca, Diritto civile, VI La proprieta, Milano, 1999.; Radoje Korać – Zoran Rašović, Ugovori u obrascima, Podgorica, 2002.; Rašović – Korać, Tužbe u obrascima i sudska praksa iz Stvarnog prava, Podgorica, 2001. |
| Examination methods | Forms of knowledge testing and evaluation: They are evaluated: Work at the Legal Clinic of Civil Law implies the acquisition of permanent, practically applied knowledge. A prerequisite for good work at the Clinic is a good prior knowledge of Civil Law. Work with students is constantly monitored and evaluated as follows: Three qualitatively analyzed and publicly presented examples from court practice are scored 32 points each, with the fact that for a passing grade, a minimum of 16 points must be obtained for each analyzed case. A passing grade is obtained if at least 50 points are accumulated cumulatively. Students who have not done and defended at least two cases or practical examples from court practice cannot take the final exam. |
| Special remarks | |
| Comment |
| Grade: | F | E | D | C | B | A |
| Number of points | less than 50 points | greater than or equal to 50 points and less than 60 points | greater than or equal to 60 points and less than 70 points | greater than or equal to 70 points and less than 80 points | greater than or equal to 80 points and less than 90 points | greater than or equal to 90 points |
Faculty of Law / CIVIL LAW / OBLIGATORY LAW CLINICS
| Course: | OBLIGATORY LAW CLINICS/ |
| Course ID | Course status | Semester | ECTS credits | Lessons (Lessons+Exercises+Laboratory) |
| 12616 | Obavezan | 1 | 8 | 4+1+0 |
| Programs | CIVIL LAW |
| Prerequisites | Conditionality for other subjects: No conditionality |
| Aims | Objectives of studying the subject: Renewal and practical application of the theoretical knowledge acquired from the subject Law of Obligations. Reading general and individual legal acts Acquiring permanently applicable knowledge through simulation, case method, practical work and externship Subsumption of specific cases and legal problems under general norms |
| Learning outcomes | After the student passes the exam, the Obligation Law Clinic is able to: Thanks to clinical legal education and working methods at the clinic (such as: case method, Socratic method, "pro et contra", debates and personal observations, pair work, simulation method) competently and professionally applies the knowledge acquired from the subject Law of Obligations; To, thanks to the application of the clinical method as an interactive, cooperative and participatory method of legal education, face a concrete case in practice in a professional and competent manner, comprehensively study the case, carry out a preliminary identification of the problem, examine the problem chronologically, collect and summarize the obtained facts, carry out a preliminary legal qualification and at the end correctly perform the subsumption; He conducts the legal interview professionally, responsibly and conscientiously, always bearing in mind the importance of the stages and techniques of conducting it for the final outcome and result of the work; Competently and expertly reads and analyzes legal texts, court decisions, writes submissions and prepares file covers; Respects, affirms and protects the principles on which legal professionalism and legal ethics are based. |
| Lecturer / Teaching assistant | doc.dr Draginja Vuksanović Stanković |
| Methodology | Method of teaching and mastering the material: I Lectures on clinical legal education; consultations; practical work with a selected judge and lawyer (external practice) II Technique of writing legal documents and interviewing technique III Making "homework" IV Practical work in class: A) 1) Reading legal texts and court decisions and their analysis; 2) Listening, observation and persuasion exercises; 3) Work in pairs; 4) Discussion in groups and group problem solving; 5) Mini-debates and personal observations; 6) Socrates method; 7) "Pro and contra"; 8) Analysis of the case and legal position; 9) "We are solving my case, my friends or relatives case" 10) Self-evaluation and evaluation of colleagues. B) Simulations. V Externship: Going to the court and law office (individual) and engaging judges in the work of the Clinic. VI Tests and final exam |
| Plan and program of work | |
| Preparing week | Preparation and registration of the semester |
| I week lectures | Lecture on the topic: Emergence, development and significance of legal clinics |
| I week exercises | |
| II week lectures | Fields of application of legal clinics: Interviewing and consultation with clients; Creating a strategic plan; Adoption of the code of legal ethics; Information technology and legal informatics; Communication and the psychology of conversation; Representation of the lawyer (work plan, analysis, rhetoric); Options for alternative dispute resolution (negotiation, mediation) |
| II week exercises | |
| III week lectures | Lecture on the topic: a) Concept of ethics, Branches of ethics, Subject of normative ethics, Relationship between law and morality (basic theories, normative reciprocity, manifestations). b) Codes of professional ethics, principles of judicial and lawyer ethics. |
| III week exercises | |
| IV week lectures | Practical work on examples from court practice and explanation of the methods of work at the Clinic, namely: 1. Case method; 2. Socrates method; 3. "Pro and contra"; 4. listening, observation and persuasion exercises; 5. reading legal texts and court decisions and their analysis; 6. work in pairs; 7. discussion in groups and group problem solving; 8. mini-debates and 9. personal observations |
| IV week exercises | |
| V week lectures | Practical work on examples from court practice: Contract law - conclusion and effect of the contract (evaluation of work results) |
| V week exercises | |
| VI week lectures | Practical work on examples from court practice: Contract law - fulfillment of contractual obligations and termination of the contract (evaluation of work results) |
| VI week exercises | |
| VII week lectures | Verification of acquired knowledge: 1. Brief analysis of previous work; 2. Test: a case from judicial practice that students do individually and independently in class 3. Evaluation of tests |
| VII week exercises | |
| VIII week lectures | Practical work on examples from court practice: Compensation for material damage (division of tasks, giving instructions for work, analysis of legal solutions) |
| VIII week exercises | |
| IX week lectures | Practical work on examples from court practice: Compensation for material damage (evaluation of work results) |
| IX week exercises | |
| X week lectures | Practical work on examples from court practice: Compensation for non-material damages (evaluation of work results) |
| X week exercises | |
| XI week lectures | Practical work on examples from court practice: Other sources of obligations (Uninvited performance of other peoples affairs; Unfounded enrichment; Public promise of reward) Discharge of obligation, Substitution of subjects in obligations; Means of securing obligations, Substitution of entities in obligations (evaluation of work results) |
| XI week exercises | |
| XII week lectures | Externship: Practical work on examples from court practice with a judge and a lawyer |
| XII week exercises | |
| XIII week lectures | Externship: Practical work on examples from court practice with a judge and a lawyer |
| XIII week exercises | |
| XIV week lectures | Externship: Practical work on examples from court practice with a judge and a lawyer |
| XIV week exercises | |
| XV week lectures | |
| XV week exercises |
| Student workload | |
| Per week | Per semester |
| 8 credits x 40/30=10 hours and 40 minuts
4 sat(a) theoretical classes 0 sat(a) practical classes 1 excercises 5 hour(s) i 40 minuts of independent work, including consultations |
Classes and final exam:
10 hour(s) i 40 minuts x 16 =170 hour(s) i 40 minuts Necessary preparation before the beginning of the semester (administration, registration, certification): 10 hour(s) i 40 minuts x 2 =21 hour(s) i 20 minuts Total workload for the subject: 8 x 30=240 hour(s) Additional work for exam preparation in the preparing exam period, including taking the remedial exam from 0 to 30 hours (remaining time from the first two items to the total load for the item) 48 hour(s) i 0 minuts Workload structure: 170 hour(s) i 40 minuts (cources), 21 hour(s) i 20 minuts (preparation), 48 hour(s) i 0 minuts (additional work) |
| Student obligations | Obligations of the student during classes: Students are required to attend classes, do assignments, analyze cases from court practice that the teacher gives them to solve and prepare cases themselves. |
| Consultations | After the appointment scheduled for lectures |
| Literature | ➢ Klinika za građansko pravo Pravnog fakulteta u Nišu – Praktično obrazovanje pravnika, Niš, 2003. ➢ Drago Radulović, Speedy Rice, Kevin Ruser, Biljana Đuričin, Alicia Henderson, Snežana Miladinović, Maja Kostić-Mandić – Pogledi u pravne klinike (A Spectrum of Views on Legal Clinics) - CID, Podorica, 2004. ➢ Bilten pravnih klinika, CID, Podgorica, 2005. ➢ Džerald F. Hes, Stiven Fridlend, Tehnike podučavanja prava, CID, Podgorica, 2005. ➢ Zakon o obligacionim odnosima Crne Gore, Službeni list CG 47/08 ➢ Komentar Zakona o obligacionim odnosima – Glavni redaktor dr Slobodan Perović, Savremena administracija, Beograd, 1995. ➢ Slobodan Perović - Obligaciono pravo, Savremena administracija, Beograd, 1990. ➢ Jakov Radišić, Obligaciono pravo, Beograd, 2002. ➢ Oliver Antić, Obligaciono pravo, Pravni fakultet Univerziteta u Beogradu, 2012. ➢ Leposava Karamarković, Rasprave iz ugovornog, odštetnog i procesnog prava, Glosarijum, Beograd, 2001. ➢ Snežana Miladinović, Poslovno pravo, Pravni fakultet, Podgorica, 2012. ➢ Mladen Krvavica, Obligacioni odnosi kroz sudsku praksu, Glosarijum, Beograd, 2001. ➢ Đorđe Nikolić – Praktikum za Obligaciono pravo, Beograd, 2002. ➢ Dragoslav Veljković, Ranko Vukić – Obligaciono pravo kroz Komentar ZOO CG, za praktičnu primjenu, sa primjerima ugovora i tužbi za ostvarivanje prava iz tih ugovora, kroz pravne stavove, zaključke i sudsku praksu najviših sudova, Knjiga I i II, Podgorica, 2012. ➢ V. Rištić, M. Ristić - Praktikum za parnicu, Savremena administracija, Beograd, 1993. Radoje Korać, Zoran P. Rašović – Ugovori u obrascima, Službeni list RCG, Podgorica, 2002. |
| Examination methods | Forms of knowledge testing and evaluation: The following are evaluated: • Work at the Obligation Law Clinic implies the acquisition of permanent, practically applicable knowledge. • Quality work at the Clinic is conditioned by a good knowledge of the subject matter of the Law of Obligations. • Students work is constantly monitored and evaluated as follows: up to 10 points are awarded for two publicly presented examples from court practice. o Own, independently prepared and analyzed case from court practice - 10 points o Two tests to check the covered parts of the material - 2 times 15 points each o Final exam 35 points - A passing grade is obtained if at least 51 points are accumulated cumulatively. - Attendance, presentations and activity in the work of the Clinic are scored up to 5 points. |
| Special remarks | The dates of testing, final and remedial final exams will be determined in agreement with the students. All additional information can be obtained at lectures and consultations |
| Comment |
| Grade: | F | E | D | C | B | A |
| Number of points | less than 50 points | greater than or equal to 50 points and less than 60 points | greater than or equal to 60 points and less than 70 points | greater than or equal to 70 points and less than 80 points | greater than or equal to 80 points and less than 90 points | greater than or equal to 90 points |
Faculty of Law / CIVIL LAW / RIGHTS OF THE CHILD
| Course: | RIGHTS OF THE CHILD/ |
| Course ID | Course status | Semester | ECTS credits | Lessons (Lessons+Exercises+Laboratory) |
| 12617 | Obavezan | 2 | 7 | 4+1+0 |
| Programs | CIVIL LAW |
| Prerequisites | No. |
| Aims | Introducing students to the exercise and protection of childrens rights. |
| Learning outcomes | After the student passes this exam, he or she will be able to: interpret legal norms on the protection of childrens rights and explain the philosophical and legal basis of the creation of a special concept of childrens rights; recognize the features of the most important family law institutes within which childrens rights are protected; indicate the social factors that influence the recognition of childrens needs and the establishing of their rights; defines basic international documents relevant to childrens rights; distinguishes the most important features of the Convention on the Rights of the Child; clusters childrens rights guaranteed by the Convention on the Rights of the Child according to different criteria; distinguishes individual violations of childrens rights and compares national case law with ECtHR case law. |
| Lecturer / Teaching assistant | Asstant Professor Velibor Korać, Ph.D. |
| Methodology | Lectures, exercises, seminar classes. |
| Plan and program of work | |
| Preparing week | Preparation and registration of the semester |
| I week lectures | Convention on the Rights of the Child. Basic teachings. |
| I week exercises | |
| II week lectures | Convention on the Rights of the Child and Optional Protocols. |
| II week exercises | |
| III week lectures | The childs right to life, survival and development. |
| III week exercises | |
| IV week lectures | The best interest of the child. |
| IV week exercises | |
| V week lectures | The childs right to education. |
| V week exercises | |
| VI week lectures | The childs right to undertake legal transactions. |
| VI week exercises | |
| VII week lectures | The childs right to freedom of expression. |
| VII week exercises | |
| VIII week lectures | Childrens right to know their parents. |
| VIII week exercises | |
| IX week lectures | The childs right to live with his or her parents. |
| IX week exercises | |
| X week lectures | Child custody and contact rights. |
| X week exercises | |
| XI week lectures | Concept and content of parental responsibility. |
| XI week exercises | |
| XII week lectures | Exercise of parental responsibility (right) - joint and independent. |
| XII week exercises | |
| XIII week lectures | Supervision over the exercise of parental responsibility (preventive and corrective). |
| XIII week exercises | |
| XIV week lectures | Procedure in a dispute for the protection of childrens rights. |
| XIV week exercises | |
| XV week lectures | |
| XV week exercises | Family environment and alternative child care. Child in special situations. |
| Student workload | |
| Per week | Per semester |
| 7 credits x 40/30=9 hours and 20 minuts
4 sat(a) theoretical classes 0 sat(a) practical classes 1 excercises 4 hour(s) i 20 minuts of independent work, including consultations |
Classes and final exam:
9 hour(s) i 20 minuts x 16 =149 hour(s) i 20 minuts Necessary preparation before the beginning of the semester (administration, registration, certification): 9 hour(s) i 20 minuts x 2 =18 hour(s) i 40 minuts Total workload for the subject: 7 x 30=210 hour(s) Additional work for exam preparation in the preparing exam period, including taking the remedial exam from 0 to 30 hours (remaining time from the first two items to the total load for the item) 42 hour(s) i 0 minuts Workload structure: 149 hour(s) i 20 minuts (cources), 18 hour(s) i 40 minuts (preparation), 42 hour(s) i 0 minuts (additional work) |
| Student obligations | Students are required to attend classes and undertake a colloquium. |
| Consultations | |
| Literature | Vučković-Šahović, N., Petrušić, N., Prava deteta, Niš, 2016; Korać, Radoje, Porodično pravo, Podgorica, 2011; Janjić-Komar, Marina, Pravo djeteta, pravo čoveka, Beograd, 1996; Vučković-Šahović, N., Pravo deteta i međunarodno pravo, Beograd, 2000; Draškić, Marija, Porodično pravo i prava deteta, Beograd, 2011. Prava deteta u međunarodnim dokumentima (UNIFEC) |
| Examination methods | Seminar paper up to 15 points Grades depending on the total number of points Colloquium I up to 35 points E (50-59); D (60-69); C (70-79); B (80-89); A (90-100) Final exam up to 50 points |
| Special remarks | No. |
| Comment | No. |
| Grade: | F | E | D | C | B | A |
| Number of points | less than 50 points | greater than or equal to 50 points and less than 60 points | greater than or equal to 60 points and less than 70 points | greater than or equal to 70 points and less than 80 points | greater than or equal to 80 points and less than 90 points | greater than or equal to 90 points |
Faculty of Law / CIVIL LAW / FREEDOM OF TESTATION AND ITS RESTRICTIONS
| Course: | FREEDOM OF TESTATION AND ITS RESTRICTIONS/ |
| Course ID | Course status | Semester | ECTS credits | Lessons (Lessons+Exercises+Laboratory) |
| 12619 | Obavezan | 2 | 7 | 4+1+0 |
| Programs | CIVIL LAW |
| Prerequisites | no conditions |
| Aims | Introducing to inheritance law institutes and their application |
| Learning outcomes | After the student passes this exam, he will be able to upgrade his knowledge of inheritance law and connect institutes with appropriate solutions in practice - recognize the meaning of inheritance law solutions |
| Lecturer / Teaching assistant | Balša Kašćelan phd |
| Methodology | Lectures, exercises, seminar papers, consultations and debate classes |
| Plan and program of work | |
| Preparing week | Preparation and registration of the semester |
| I week lectures | Systematization of inheritance law |
| I week exercises | Systematization of inheritance law |
| II week lectures | Last Will and Testament: Definition, Types, and How to Write One |
| II week exercises | Last Will and Testament: Definition, Types, and How to Write One |
| III week lectures | Last Will and Testament: Definition, Types, and How to Write One |
| III week exercises | Last Will and Testament: Definition, Types, and How to Write One |
| IV week lectures | Last Will and Testament: Definition, Types, and How to Write One |
| IV week exercises | Last Will and Testament: Definition, Types, and How to Write One |
| V week lectures | Analysis of cases from practice |
| V week exercises | Analysis of cases from practice |
| VI week lectures | Analysis of cases from practice |
| VI week exercises | Analysis of cases from practice |
| VII week lectures | free term |
| VII week exercises | free term |
| VIII week lectures | Exam |
| VIII week exercises | |
| IX week lectures | What is the meaning of last will? |
| IX week exercises | What is the meaning of last will? |
| X week lectures | What is the meaning of last will? |
| X week exercises | What is the meaning of last will? |
| XI week lectures | What are the grounds for contesting a will |
| XI week exercises | What are the grounds for contesting a will |
| XII week lectures | Analysis of cases from practice |
| XII week exercises | Analysis of cases from practice |
| XIII week lectures | Analysis of cases from practice |
| XIII week exercises | Analysis of cases from practice |
| XIV week lectures | Visiting the Court |
| XIV week exercises | Visiting the Court |
| XV week lectures | final analysis |
| XV week exercises | final analysis |
| Student workload | Weekly 8 credits x 40/30 = 10 hours and 40 minutes Structure: 4 hours of lectures 1 hour of exercises 5 hours and 40 minutes of individual student work (preparation for laboratory exercises, for colloquiums, doing homework) including consultations In the semester Classes and final exam: (10 hours and 40 minutes) x 16 = 170 hours and 40 minutes Necessary preparation before the beginning of the semester (administration, registration, certification): 2 x (10 hours and 40 minutes) = 21 hours and 20 minutes Total workload for the course: 8 x 30 = 240 hours Additional work for exam preparation in the make-up exam period, including taking the make-up exam from 0 - 30 hours. Load structure: 170 hours and 40 minutes (teaching) + 21 hours and 20 minutes (preparation) + 30 hours (additional work) |
| Per week | Per semester |
| 7 credits x 40/30=9 hours and 20 minuts
4 sat(a) theoretical classes 0 sat(a) practical classes 1 excercises 4 hour(s) i 20 minuts of independent work, including consultations |
Classes and final exam:
9 hour(s) i 20 minuts x 16 =149 hour(s) i 20 minuts Necessary preparation before the beginning of the semester (administration, registration, certification): 9 hour(s) i 20 minuts x 2 =18 hour(s) i 40 minuts Total workload for the subject: 7 x 30=210 hour(s) Additional work for exam preparation in the preparing exam period, including taking the remedial exam from 0 to 30 hours (remaining time from the first two items to the total load for the item) 42 hour(s) i 0 minuts Workload structure: 149 hour(s) i 20 minuts (cources), 18 hour(s) i 40 minuts (preparation), 42 hour(s) i 0 minuts (additional work) |
| Student obligations | Students are required to attend classes and exam |
| Consultations | |
| Literature | Fundamentals of Inheritance Law of Montenegro and Serbia, Ljiljana Kadić, Oliver Antić, Podgorica 2012 Inheritance Law, Oliver Antić, Belgrade, 2007 Inheritance Law, Borislav Blagojević, Belgrade Inheritance law, Gavella Belaj, Zagreb 2008 Inheritance law in Yugoslavia, Slavko Marković, Belgrade Inheritance law, Nataša Stojanović, Niš 2011 Handbook for inheritance law, O. Antić, D. Đurđević Handbook on the Law of Wills-Atkinson T. E. Successions, Tome IV, 2 edition, Marcel Planiol et Georges Ripert |
| Examination methods | Attendance at lectures 2-10 Attendance to exercises 1-5 Seminar paper 5-15 colloquium 8-15 II colloquium 10-15 Final exam 25-40 |
| Special remarks | |
| Comment |
| Grade: | F | E | D | C | B | A |
| Number of points | less than 50 points | greater than or equal to 50 points and less than 60 points | greater than or equal to 60 points and less than 70 points | greater than or equal to 70 points and less than 80 points | greater than or equal to 80 points and less than 90 points | greater than or equal to 90 points |
Faculty of Law / CIVIL LAW / FAMILY LAW CLINICS
| Course: | FAMILY LAW CLINICS/ |
| Course ID | Course status | Semester | ECTS credits | Lessons (Lessons+Exercises+Laboratory) |
| 12618 | Obavezan | 2 | 8 | 4+1+0 |
| Programs | CIVIL LAW |
| Prerequisites | |
| Aims | Introducing family law institutes and their application |
| Learning outcomes | After the student passes this exam, he will be able to upgrade his knowledge of family law and connect institutes with appropriate solutions in practice - recognize the meaning of positive legal solutions to family relations and childrens rights |
| Lecturer / Teaching assistant | Balša Kašćelan, phd |
| Methodology | Lectures, exercises, seminar papers, consultations and debate classes |
| Plan and program of work | |
| Preparing week | Preparation and registration of the semester |
| I week lectures | Systematization of family law |
| I week exercises | Systematization of family law |
| II week lectures | Marriage law, the body of legal specifications and requirements and other laws that regulate the initiation, continuation, and validity of marriages. |
| II week exercises | Marriage law, the body of legal specifications and requirements and other laws that regulate the initiation, continuation, and validity of marriages. |
| III week lectures | Legal parenthood, Parental responsibility |
| III week exercises | Legal parenthood, Parental responsibility |
| IV week lectures | Child rights and why they matter |
| IV week exercises | Child rights and why they matter |
| V week lectures | Analysis of cases from practice |
| V week exercises | Analysis of cases from practice |
| VI week lectures | Analysis of cases from practice |
| VI week exercises | Analysis of cases from practice |
| VII week lectures | free term |
| VII week exercises | free term |
| VIII week lectures | exam |
| VIII week exercises | |
| IX week lectures | Property relations in the family |
| IX week exercises | Property relations in the family |
| X week lectures | The Court’s family law jurisdiction includes applications for divorce, proof of divorce, applications for spousal maintenance, property and financial disputes, parenting orders, enforcement of orders, location and recovery orders, warrants for the apprehension or detention of a child, and determination of parentage. |
| X week exercises | The Court’s family law jurisdiction includes applications for divorce, proof of divorce, applications for spousal maintenance, property and financial disputes, parenting orders, enforcement of orders, location and recovery orders, warrants for the apprehension or detention of a child, and determination of parentage. |
| XI week lectures | The Court’s family law jurisdiction includes applications for divorce, proof of divorce, applications for spousal maintenance, property and financial disputes, parenting orders, enforcement of orders, location and recovery orders, warrants for the apprehension or detention of a child, and determination of parentage. |
| XI week exercises | The Court’s family law jurisdiction includes applications for divorce, proof of divorce, applications for spousal maintenance, property and financial disputes, parenting orders, enforcement of orders, location and recovery orders, warrants for the apprehension or detention of a child, and determination of parentage. |
| XII week lectures | Analysis of cases from practice |
| XII week exercises | Analysis of cases from practice |
| XIII week lectures | Visiting The Court |
| XIII week exercises | |
| XIV week lectures | Visiting The Court |
| XIV week exercises | |
| XV week lectures | final analysis |
| XV week exercises | final analysis |
| Student workload | Weekly 8 credits x 40/30 = 10 hours and 40 minutes Structure: 4 hours of lectures 1 hour of exercises 5 hours and 40 minutes of individual student work (preparation for laboratory exercises, for colloquiums, doing homework) including consultations In the semester Classes and final exam: (10 hours and 40 minutes) x 16 = 170 hours and 40 minutes Necessary preparation before the beginning of the semester (administration, registration, certification): 2 x (10 hours and 40 minutes) = 21 hours and 20 minutes Total workload for the course: 8 x 30 = 240 hours Additional work for exam preparation in the make-up exam period, including taking the make-up exam from 0 - 30 hours. Load structure: 170 hours and 40 minutes (teaching) + 21 hours and 20 minutes (preparation) + 30 hours (additional work) |
| Per week | Per semester |
| 8 credits x 40/30=10 hours and 40 minuts
4 sat(a) theoretical classes 0 sat(a) practical classes 1 excercises 5 hour(s) i 40 minuts of independent work, including consultations |
Classes and final exam:
10 hour(s) i 40 minuts x 16 =170 hour(s) i 40 minuts Necessary preparation before the beginning of the semester (administration, registration, certification): 10 hour(s) i 40 minuts x 2 =21 hour(s) i 20 minuts Total workload for the subject: 8 x 30=240 hour(s) Additional work for exam preparation in the preparing exam period, including taking the remedial exam from 0 to 30 hours (remaining time from the first two items to the total load for the item) 48 hour(s) i 0 minuts Workload structure: 170 hour(s) i 40 minuts (cources), 21 hour(s) i 20 minuts (preparation), 48 hour(s) i 0 minuts (additional work) |
| Student obligations | Students are required to attend classes and do exam |
| Consultations | |
| Literature | Family law - R. Korać, Podgorica 2014 Family law - books I and II, M. Mladenović, Belgrade, 1981 Family law-M. Draškić, Belgrade, 1998 Child rights, human rights - J. Komar-M. Obretković, Belgrade, 1996 Droit civil, La famille, les incapacites-J. Carbinnier, Paris, 1989 |
| Examination methods | Attendance at lectures 2-10 Attendance to exercises 1-5 Seminar paper 5-15 colloquium 8-15 II colloquium 10-15 Final exam 25-40 |
| Special remarks | |
| Comment |
| Grade: | F | E | D | C | B | A |
| Number of points | less than 50 points | greater than or equal to 50 points and less than 60 points | greater than or equal to 60 points and less than 70 points | greater than or equal to 70 points and less than 80 points | greater than or equal to 80 points and less than 90 points | greater than or equal to 90 points |
Faculty of Law / CIVIL LAW / INHERITANCE LAW CLINICS
| Course: | INHERITANCE LAW CLINICS/ |
| Course ID | Course status | Semester | ECTS credits | Lessons (Lessons+Exercises+Laboratory) |
| 12620 | Obavezan | 2 | 8 | 4+1+0 |
| Programs | CIVIL LAW |
| Prerequisites | No conditionality of the subject |
| Aims | The aim of the course is for students to practically apply the acquired theoretical knowledge from Residential Law, as well as to get involved in work at the clinic with so-called live clients. By analyzing the legal affairs of contracts and wills through practical examples, judicial practice in this area both domestically and abroad, working at a clinic where legal advice is given to clients, students acquire a complete legal education, learn ethics and professional responsibility, as well as how to develop critical and creative thinking, which is necessary for the successful work of future lawyers. |
| Learning outcomes | After studying and passing this course, the student will be able to independently and expertly apply theoretical knowledge in the field of wills, inheritance contracts and probate procedures to apply in practice, especially in working with clients, to provide legal advice, opinions and client representation, to acquire professional responsibility and legal ethics necessary for work in the judiciary and other legal fields, to acquire and develop a critical and creative legal opinion, to analyze and comment on judicial practice, both domestic and foreign, to use methods especially related to writing submissions. |
| Lecturer / Teaching assistant | Professor of Law Biljana Djuricin |
| Methodology | practical exercises in groups, simulations, analysis of hypothetical and real cases, writing submissions, analysis of solutions and commenting on decisions from court practice, externship program in a notarys office, giving legal advice at a clinic, so-called live clients, colloquium and final exam. |
| Plan and program of work | |
| Preparing week | Preparation and registration of the semester |
| I week lectures | Clinical education |
| I week exercises | Clinical education |
| II week lectures | last will-form, witnesses, kinds, , practical issues and analyses practical resolves |
| II week exercises | Last will-forma,witnesses, kind, practical issues and analyses practical resolves. |
| III week lectures | last will-writing, working in group |
| III week exercises | Last will- writing in group |
| IV week lectures | action of will, writing, practical issues and jurisdiction |
| IV week exercises | Action of will, writing practical issues and jurisdiction. |
| V week lectures | Homework and extraordinary inheritance |
| V week exercises | Homework and extraordinary inheritance. |
| VI week lectures | colloquium |
| VI week exercises | |
| VII week lectures | Inheritance contracts /forms, nullity, resolves in our law |
| VII week exercises | Inheritance contract/ form, nullity, resolves in our law |
| VIII week lectures | two kinds of inheritance contracts |
| VIII week exercises | Two kind of inheritance contract. |
| IX week lectures | Analyze of judicial practice on inheritance contracts in Montenegro |
| IX week exercises | Analize of judicial practice on inheritance contract in Montenegro. |
| X week lectures | Non litigation procedure |
| X week exercises | Non litigation procedure |
| XI week lectures | Simulation, brainstorming |
| XI week exercises | Simulations, brainstorming. |
| XII week lectures | re colloquium |
| XII week exercises | |
| XIII week lectures | Judical practice |
| XIII week exercises | Judicial practice |
| XIV week lectures | Visit Notary office |
| XIV week exercises | Visit notari office |
| XV week lectures | Analyze and experience from notary office |
| XV week exercises | Analize and Experience from notari office. |
| Student workload | |
| Per week | Per semester |
| 8 credits x 40/30=10 hours and 40 minuts
4 sat(a) theoretical classes 0 sat(a) practical classes 1 excercises 5 hour(s) i 40 minuts of independent work, including consultations |
Classes and final exam:
10 hour(s) i 40 minuts x 16 =170 hour(s) i 40 minuts Necessary preparation before the beginning of the semester (administration, registration, certification): 10 hour(s) i 40 minuts x 2 =21 hour(s) i 20 minuts Total workload for the subject: 8 x 30=240 hour(s) Additional work for exam preparation in the preparing exam period, including taking the remedial exam from 0 to 30 hours (remaining time from the first two items to the total load for the item) 48 hour(s) i 0 minuts Workload structure: 170 hour(s) i 40 minuts (cources), 21 hour(s) i 20 minuts (preparation), 48 hour(s) i 0 minuts (additional work) |
| Student obligations | Students are required to attend classes, actively participate in all forms of practical classes, take a colloquium and final exam. |
| Consultations | before class one over |
| Literature | Antić i Kadić, Osnovi nasljednog prava, Podgorica, 2o12 i drugi udžbenici iz regiona, 2. Stojanović, Praktikum za nasljedno pravo, Niš, 2012, 3. Panov, Kašćelan, Stanković, praktikum za nasljedno pravo, beograd, 2012, 4. Kurdulija, Praktikum za nasljedno pravo sa odabranom sudskom praksom, Beograd, 1968, 5. Antić, Đurđević, priručnik za nasljedno pravo, Beograd. 2003, 6. Đuričin i ostali, Praktikum za pravne klinike, Podgorica, 2004, 7. Bilten pravnih klinika, Podgorica, 2005, 8. Živković, Parnica u praksi, Beograd, 2004, 9. Hess i ostali, Tehnike podučavanja prava, 2005, 10. Radišić, Obligaciono pravo, 2018, i drugi udžbenici iz regiona, 11. Ćizmović, Đuričin, Građansko procesno pravo, Podgorica, 1997, 12. Zakon o obligacionim odnsoima Crne Gore, Sl. List CG, br. 47/2008, 4/11 i 22/17, 13. Zakon o nasljeđivanbju Crne gore, Sl. List Cg, br. 74/2008, 14. Zakon o vanparničnom postupku, Sl. List. Br. 20/2015,75/2018 i 67/2019. |
| Examination methods | The following are evaluated: • Colloquium with a maximum of 45 points • Final exam maximum 45 points. • Practical work: 10 points • There are no conditions for taking the final exam. A passing grade is obtained if at least 50 points are accumulated cumulatively. |
| Special remarks | No |
| Comment | Information on e mail djuricin@t-com.me |
| Grade: | F | E | D | C | B | A |
| Number of points | less than 50 points | greater than or equal to 50 points and less than 60 points | greater than or equal to 60 points and less than 70 points | greater than or equal to 70 points and less than 80 points | greater than or equal to 80 points and less than 90 points | greater than or equal to 90 points |
Faculty of Law / CIVIL LAW / LEGAL METHODOLOGY
| Course: | LEGAL METHODOLOGY/ |
| Course ID | Course status | Semester | ECTS credits | Lessons (Lessons+Exercises+Laboratory) |
| 13149 | Obavezan | 3 | 7 | 4+0+0 |
| Programs | CIVIL LAW |
| Prerequisites | - |
| Aims | The course goal is to introduce students to the basic philosophical and scientific methods of understanding law. |
| Learning outcomes | Students who pass this course will be able to: articulate the concept and subject matter of legal methodology, demonstrating a comprehensive understanding of this foundational aspect of legal studies. They will possess the ability to describe the most significant cognitive and technical methods utilized within the legal field, differentiate between philosophical and scientific methods of law comprehension, which is crucial for understanding the varied approaches to legal theory and practice. |
| Lecturer / Teaching assistant | Full professor Marko Dokić, PhD |
| Methodology | lectures, exercises, consultations |
| Plan and program of work | |
| Preparing week | Preparation and registration of the semester |
| I week lectures | Concept of legal methodology |
| I week exercises | |
| II week lectures | Concept and types of legal knowledge methods |
| II week exercises | |
| III week lectures | Philosophical methods of legal knowledge |
| III week exercises | |
| IV week lectures | Scientific methods of legal knowledge: independent scientific methods of legal knowledge |
| IV week exercises | |
| V week lectures | Real methods, psychological methods and law |
| V week exercises | |
| VI week lectures | Sociological method and law |
| VI week exercises | |
| VII week lectures | Dogmatic method (Method of law interpretation) |
| VII week exercises | |
| VIII week lectures | Normative method |
| VIII week exercises | |
| IX week lectures | Historical-legal method and comparative legal method |
| IX week exercises | |
| X week lectures | Colloquium |
| X week exercises | |
| XI week lectures | Colloquium - second term |
| XI week exercises | |
| XII week lectures | Technical methods of creating law |
| XII week exercises | |
| XIII week lectures | Creation of law by general norms in the form of individual |
| XIII week exercises | |
| XIV week lectures | Direct creation of law by general norms |
| XIV week exercises | |
| XV week lectures | Methods of applying law |
| XV week exercises |
| Student workload | |
| Per week | Per semester |
| 7 credits x 40/30=9 hours and 20 minuts
4 sat(a) theoretical classes 0 sat(a) practical classes 0 excercises 5 hour(s) i 20 minuts of independent work, including consultations |
Classes and final exam:
9 hour(s) i 20 minuts x 16 =149 hour(s) i 20 minuts Necessary preparation before the beginning of the semester (administration, registration, certification): 9 hour(s) i 20 minuts x 2 =18 hour(s) i 40 minuts Total workload for the subject: 7 x 30=210 hour(s) Additional work for exam preparation in the preparing exam period, including taking the remedial exam from 0 to 30 hours (remaining time from the first two items to the total load for the item) 42 hour(s) i 0 minuts Workload structure: 149 hour(s) i 20 minuts (cources), 18 hour(s) i 40 minuts (preparation), 42 hour(s) i 0 minuts (additional work) |
| Student obligations | |
| Consultations | |
| Literature | Radomir Lukić, Metodologija prava, Beograd, SANU, 1977. |
| Examination methods | - Colloquim – up to 50 points - Final exam – up to 50 points |
| Special remarks | |
| Comment |
| Grade: | F | E | D | C | B | A |
| Number of points | less than 50 points | greater than or equal to 50 points and less than 60 points | greater than or equal to 60 points and less than 70 points | greater than or equal to 70 points and less than 80 points | greater than or equal to 80 points and less than 90 points | greater than or equal to 90 points |
Faculty of Law / CIVIL LAW / ALTERNATIVE SETTLEMENT OF DISPUTES
| Course: | ALTERNATIVE SETTLEMENT OF DISPUTES/ |
| Course ID | Course status | Semester | ECTS credits | Lessons (Lessons+Exercises+Laboratory) |
| 13154 | Obavezan | 3 | 7 | 4+1+0 |
| Programs | CIVIL LAW |
| Prerequisites | No |
| Aims | Objectives of studying the subject: Getting to know the theoretical and practical aspects of ARS. |
| Learning outcomes | A student who listens and passes the course in ARS will be able to independently apply theoretical knowledge in practice, to acquire basic knowledge in ARS, to participate in practical work in ARS, to explain ARS institutes, to critically refer to cases from ARS practice, to analyze practical solutions from ARS, as well as preparing for a practical exam in mediation and being an arbitrator in arbitration. |
| Lecturer / Teaching assistant | Prof. dr Biljana Djuricin |
| Methodology | Lecture, tutorials, consultations, written exams and simulations. |
| Plan and program of work | |
| Preparing week | Preparation and registration of the semester |
| I week lectures | Notion and advantage of ADR. |
| I week exercises | Notion and advantage of ADR. |
| II week lectures | Mediation and methods of ADR. |
| II week exercises | Mediation and method of ADR. |
| III week lectures | Mediation in Montenegro and Law of Mediation. |
| III week exercises | Mediation in Montenegro and Law of Mediation. |
| IV week lectures | Principles of mediation, role of mediators, role of judges and lawyer. |
| IV week exercises | Principles of mediation, role of mediator, role of judges and lawyer. |
| V week lectures | Mediation in family dispute. |
| V week exercises | Mediation in family dispute. |
| VI week lectures | Techniques in mediation |
| VI week exercises | Techniques in mediation. |
| VII week lectures | Simulation in mediation -movie, coo mediation, settlement week. |
| VII week exercises | Simulation in mediation, movie, coo mediation, settlement week. |
| VIII week lectures | Mediation in USA and EU. |
| VIII week exercises | Mediation in USA and EU. |
| IX week lectures | Colloquium |
| IX week exercises | |
| X week lectures | Arbitration/ notion, kinds, dispute in arbitration, arbitration and court |
| X week exercises | Arbitration, notion, kings, dispute in arbitration, arbitration and Court. |
| XI week lectures | Arbitration procedure. |
| XI week exercises | Arbitration procedure. |
| XII week lectures | Competence of arbitration, exception of arbitrators, select arbitrators, arbitration agreement. |
| XII week exercises | Competence of arbitration, exception of arbitrators, selec arbitrators, arbitration agreement. |
| XIII week lectures | RE Colloquium |
| XIII week exercises | |
| XIV week lectures | Arbitration in EU and Conventions. |
| XIV week exercises | Arbitration in EU and Conventions. |
| XV week lectures | Arbitral Award |
| XV week exercises | Arbitral Award. |
| Student workload | 7 credits x 40/30=9 hours and 20 minutes 4 hour(s) of theoretical lectures 0 hour(s) of practical lecture 1 exercise 4 hour(s) and 20 minutes independent work, including consultations Classes and final exam: 9 hours and 20 minutes x 16 = 149 hours and 20 minutes Necessary preparation before the beginning of the semester (administration, registration, certification): 9 hours and 20 minutes x 2 = 18 hours and 40 minutes Total workload for the course: 7 x 30=210 hours Supplementary work for exam preparation in the remedial exam period, including taking a make-up exam from 0 to 30 hours (remaining time from the first two items to the total load for the subject) 42 hours and 0 minutes Load structure: 149 hours and 20 minutes (teaching), 18 hours and 40 minutes (preparation), 42 hours and 0 minutes (additional work) |
| Per week | Per semester |
| 7 credits x 40/30=9 hours and 20 minuts
4 sat(a) theoretical classes 0 sat(a) practical classes 1 excercises 4 hour(s) i 20 minuts of independent work, including consultations |
Classes and final exam:
9 hour(s) i 20 minuts x 16 =149 hour(s) i 20 minuts Necessary preparation before the beginning of the semester (administration, registration, certification): 9 hour(s) i 20 minuts x 2 =18 hour(s) i 40 minuts Total workload for the subject: 7 x 30=210 hour(s) Additional work for exam preparation in the preparing exam period, including taking the remedial exam from 0 to 30 hours (remaining time from the first two items to the total load for the item) 42 hour(s) i 0 minuts Workload structure: 149 hour(s) i 20 minuts (cources), 18 hour(s) i 40 minuts (preparation), 42 hour(s) i 0 minuts (additional work) |
| Student obligations | Students are required to attend classes, tutorials and take a colloquium |
| Consultations | before classes |
| Literature | Đuričin, Mediation, 2009, Đuričin, Handbook of ADR and Mediation Terms, 2013, Law on ADR CG, Arbitration Law, Montenegro, Knežević at All, Arbitrage and ADR, 2011. Stanković i ostali Arbitration Procedure Law, 2008. |
| Examination methods | The following are evaluated: • Test up to a maximum of 45 points. • Final exam maximum 45 points. • Practical work up to 10 points. |
| Special remarks | no |
| Comment | All information on e mail djuricin@t-com.me |
| Grade: | F | E | D | C | B | A |
| Number of points | less than 50 points | greater than or equal to 50 points and less than 60 points | greater than or equal to 60 points and less than 70 points | greater than or equal to 70 points and less than 80 points | greater than or equal to 80 points and less than 90 points | greater than or equal to 90 points |
Faculty of Law / CIVIL LAW / CIVIL PROBATORY LAW
| Course: | CIVIL PROBATORY LAW/ |
| Course ID | Course status | Semester | ECTS credits | Lessons (Lessons+Exercises+Laboratory) |
| 13153 | Obavezan | 3 | 8 | 4+1+0 |
| Programs | CIVIL LAW |
| Prerequisites | no |
| Aims | Getting to know the concept, method, organizational and functional law of evidence and their institutes. Connecting knowledge from this area with knowledge acquired from other areas of procedural civil law in order to train for practical work and application of acquired knowledge. |
| Learning outcomes | A student who listens and passes the course Civil Law of Evidence will be able to independently apply theoretical knowledge in practice, to learn sub-menu related to proof, to analyze court practice in proof, to participate in the evidentiary procedure, as well as to compare theoretical knowledge and practical knowledge in this area. |
| Lecturer / Teaching assistant | Professor of Law Biljana Djuricin |
| Methodology | Lecture, tutorials, consultations, practical work, seminars, analyses cases, activities at class, test and final exam. |
| Plan and program of work | |
| Preparing week | Preparation and registration of the semester |
| I week lectures | Introduction in Civil Law of Evidence |
| I week exercises | Introduction in Civil Law of Evidence |
| II week lectures | Truth, kinds and method of truth. |
| II week exercises | Truth, kind and method of truth. |
| III week lectures | Law of Evidence in law of old Montenegro and comparative. |
| III week exercises | Law of Evidence in Law of old Montenegro and comparative Law. |
| IV week lectures | Theme of proof. |
| IV week exercises | Theme of proof. |
| V week lectures | Colloquium |
| V week exercises | |
| VI week lectures | Burden of proof. |
| VI week exercises | Burden of proof. |
| VII week lectures | procedure in law of evidence. |
| VII week exercises | Procedure in Law of evidence. |
| VIII week lectures | Notions and kinds of proofs. |
| VIII week exercises | Notion and kind of proof. |
| IX week lectures | Witness |
| IX week exercises | Witness |
| X week lectures | Re Colloquium |
| X week exercises | |
| XI week lectures | Documents |
| XI week exercises | Documents |
| XII week lectures | Expert witness. |
| XII week exercises | Expert witness |
| XIII week lectures | Notion and fundament of evaluation of evidence |
| XIII week exercises | Parties. |
| XIV week lectures | Guarantee of objectives in civil procedure. |
| XIV week exercises | Parties. |
| XV week lectures | Simulation. |
| XV week exercises | Simulation. |
| Student workload | 8 credits x 40/30=10 hours and 40 minutes 4 hour(s) of theoretical lectures 0 hour(s) of practical lecture 1 tutorial 5 hour(s) and 40 minutes independent work, including consultations Classes and final exam: 10 hours and 40 minutes x 16 = 170 hours and 40 minutes Necessary preparation before the beginning of the semester (administration, registration, certification): 10 hours and 40 minutes x 2 = 21 hours and 20 minutes Total workload for the course: 8 x 30=240 hours Supplementary work for exam preparation in the remedial exam period, including taking a make-up exam from 0 to 30 hours (remaining time from the first two items to the total load for the subject) 48 hours and 0 minutes Load structure: 170 hours and 40 minutes (teaching), 21 hours and 20 minutes (preparation), 48 hours and 0 minutes (additional work) |
| Per week | Per semester |
| 8 credits x 40/30=10 hours and 40 minuts
4 sat(a) theoretical classes 0 sat(a) practical classes 1 excercises 5 hour(s) i 40 minuts of independent work, including consultations |
Classes and final exam:
10 hour(s) i 40 minuts x 16 =170 hour(s) i 40 minuts Necessary preparation before the beginning of the semester (administration, registration, certification): 10 hour(s) i 40 minuts x 2 =21 hour(s) i 20 minuts Total workload for the subject: 8 x 30=240 hour(s) Additional work for exam preparation in the preparing exam period, including taking the remedial exam from 0 to 30 hours (remaining time from the first two items to the total load for the item) 48 hour(s) i 0 minuts Workload structure: 170 hour(s) i 40 minuts (cources), 21 hour(s) i 20 minuts (preparation), 48 hour(s) i 0 minuts (additional work) |
| Student obligations | Obligations of the student during classes: Students are required to attend classes, tutorials, participate in practical work and take a colloquium. |
| Consultations | One hour before classes. |
| Literature | Čizmović, Đuričin, Civil Procedure Law, 1997; 2. Triva i ostali, Civil procedure Law, 2004 3. Poznić, Vodinelić, Civil Procedure Law, 1999 4. Starović, Keča, Civil Procedure Law, 2004 5. Đuričin, Establishment of truth in civil procedure, 1998 6. Civil procedure Law, Official gazette. 48-2015 7. Practicum for Civil Procedure, Đuričin, Korać, Podgorica 2023 8. Adrian Keane, The Modern Law of Evidence,1996 |
| Examination methods | Colloquium with a maximum of 45 points • Final exam maximum 45 points • Interactive work 10 points • There are no conditions for taking the final exam. A passing grade is obtained if at least 50 points are accumulated cumulatively. |
| Special remarks | No |
| Comment | All information on e mail djuricin@t-com.me |
| Grade: | F | E | D | C | B | A |
| Number of points | less than 50 points | greater than or equal to 50 points and less than 60 points | greater than or equal to 60 points and less than 70 points | greater than or equal to 70 points and less than 80 points | greater than or equal to 80 points and less than 90 points | greater than or equal to 90 points |
Faculty of Law / CIVIL LAW / FORMAL CONTRACTS
| Course: | FORMAL CONTRACTS/ |
| Course ID | Course status | Semester | ECTS credits | Lessons (Lessons+Exercises+Laboratory) |
| 13155 | Obavezan | 3 | 8 | 4+1+0 |
| Programs | CIVIL LAW |
| Prerequisites | No. |
| Aims | Acquaintance of students with practical issues of contract law. |
| Learning outcomes | After the student passes this exam, he will be able to: explain the meaning of the principles of formalism and consensualism in the legal system; explain the reasons for the "renaissance of form" in contemporary law; explain different forms of contracts; recognize the different functions of the contract form; explain the legal consequences of failure to comply with the form; explain the notarial form as the most significant form ad solemnitatem in Montenegrin law; recognizes the peculiarities of different formal contracts, where the form is a condition of their validity; compare legal norms on formal contracts with solutions in comparative legislation. |
| Lecturer / Teaching assistant | Assistant professor Velibor Korać |
| Methodology | Lectures, seminar classes, exercises, writing submissions, analysis of case law. |
| Plan and program of work | |
| Preparing week | Preparation and registration of the semester |
| I week lectures | The principle of consensualism and formalism in a historical perspective. |
| I week exercises | |
| II week lectures | Concept and legal nature of formal contracts. |
| II week exercises | |
| III week lectures | Types of forms. Functions of form in civil law. |
| III week exercises | |
| IV week lectures | Legal issues arising from formal contracts. Termination of formal contracts. |
| IV week exercises | |
| V week lectures | Legal consequences of non-compliance with form. |
| V week exercises | |
| VI week lectures | Formal contracts in Montenegrin law. |
| VI week exercises | |
| VII week lectures | Apartment lease agreement. |
| VII week exercises | |
| VIII week lectures | Business lease contract. |
| VIII week exercises | |
| IX week lectures | Contract on the purchase and sale of real estate. |
| IX week exercises | |
| X week lectures | Exchange of real estate. Donation of immovable property. |
| X week exercises | |
| XI week lectures | Agreement on establishment of real servitude. Contract on fiduciary transfer of property rights. |
| XI week exercises | |
| XII week lectures | Hypothec contract. |
| XII week exercises | |
| XIII week lectures | Marriage contract. |
| XIII week exercises | |
| XIV week lectures | Lifetime Maintenance Contract. |
| XIV week exercises | |
| XV week lectures | Agreement on distribution of property during life |
| XV week exercises |
| Student workload | |
| Per week | Per semester |
| 8 credits x 40/30=10 hours and 40 minuts
4 sat(a) theoretical classes 0 sat(a) practical classes 1 excercises 5 hour(s) i 40 minuts of independent work, including consultations |
Classes and final exam:
10 hour(s) i 40 minuts x 16 =170 hour(s) i 40 minuts Necessary preparation before the beginning of the semester (administration, registration, certification): 10 hour(s) i 40 minuts x 2 =21 hour(s) i 20 minuts Total workload for the subject: 8 x 30=240 hour(s) Additional work for exam preparation in the preparing exam period, including taking the remedial exam from 0 to 30 hours (remaining time from the first two items to the total load for the item) 48 hour(s) i 0 minuts Workload structure: 170 hour(s) i 40 minuts (cources), 21 hour(s) i 20 minuts (preparation), 48 hour(s) i 0 minuts (additional work) |
| Student obligations | Students are required to attend classes and participate in seminars. |
| Consultations | |
| Literature | Perović, Slobodan, Formalni ugovori u građanskom pravu, Beograd, 1964; Perović, Slobodan, Obligaciono pravo, Beograd, 1980; Korać, Velibor, Notari i notarski zapisi, 2018; Antić, Oliver, Nasledno pravo, Beograd, 2007; Rašović, Zoran, Stvarno pravo, 2010. |
| Examination methods | Seminar paper up to 10 points Seminar classes up to 5 points Grades depending on the total number of points Cloquium up to 35 points E (50-59); D (60-69); C (70-79); B (80-89); A (90-100) Final exam up to 50 points |
| Special remarks | No. |
| Comment | No. |
| Grade: | F | E | D | C | B | A |
| Number of points | less than 50 points | greater than or equal to 50 points and less than 60 points | greater than or equal to 60 points and less than 70 points | greater than or equal to 70 points and less than 80 points | greater than or equal to 80 points and less than 90 points | greater than or equal to 90 points |
