Course syllabus for Basic property and contract law

The course syllabus contains changes
See changes

Course syllabus adopted 2021-02-26 by Head of Programme (or corresponding).

Overview

  • Swedish nameGrundläggande fastighetsrätt och entreprenadjuridik
  • CodeARK545
  • Credits6 Credits
  • OwnerTISAM
  • Education cycleFirst-cycle
  • Main field of studyCivil and Environmental Engineering
  • DepartmentMECHANICS AND MARITIME SCIENCES
  • GradingTH - Pass with distinction (5), Pass with credit (4), Pass (3), Fail

Course round 1

  • Teaching language Swedish
  • Application code 61113
  • Open for exchange studentsNo

Credit distribution

0116 Examination, part A 4.5 c
Grading: TH		4.5 c
  • 21 Okt 2023 pm J DIG
  • 03 Jan 2024 pm J DIG
  • 19 Aug 2024 pm J DIG
0216 Project, part B 1.5 c
Grading: UG		1.5 c

In programmes

Examiner

  • Oscar Allestam
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Eligibility

General entry requirements for bachelor's level (first cycle)
Applicants enrolled in a programme at Chalmers where the course is included in the study programme are exempted from fulfilling the requirements above.

Specific entry requirements

The same as for the programme that owns the course.
Applicants enrolled in a programme at Chalmers where the course is included in the study programme are exempted from fulfilling the requirements above.

Course specific prerequisites

None

Aim

Course general purpose is to provide an introduction to the law as engineers in civil engineering will face in practice. It assumes that participants have no legal background knowledge.
The course will provide an introduction to the general civil law of the parts that are relevant to real estate.
The course will cover the basic legal conditions for managing commercial real estate, both in terms of buying, mortgage and sales as rental and other forms of leasing.
The course will also address key construction law and society's control of property exploitation through plans and property.

An important aim is to teach and practice skills in law. It includes:
- Ability to find the legal sources, electronically and in paper form
- Ability to interpret legal sources
- The ability to keep and understand a legal reasoning
- Proficiency in proper use of legal property terminology

Learning outcomes (after completion of the course the student should be able to)

After the course the student is expected to be able to:

- Describe the fundamentals of the Swedish legal system
- Describe the most important sources of law
- Find relevant material in legal sources
- Especially explain the civil law division and features
- Bring a simpler bound legal reasoning for property legal issues
- Explain the difference between rights in rem and in personam
- Explain the difference between mandatory and optional rules
- Be able to establish and interpret simple agreements for the purchase of real estate
- Manage disclaimers in contracts for property purchases
- Describe what is required for a valid contract of lien on real property
- Establish a mortgage application
- Surveying and describe the system of rights and easements
- Establish a simple leases with the support of standard
- Describe the difference between forfeiture and termination
- Explain the meaning of easement
- Establish a simple application for subdivision
- Explain when land consolidation is possible
- Describe what may or may be included in local plans
- Write a simple planning application
- Describe the technical trial with start statement and final statement

Construction Law
- Be able to describe different forms of contract
- Be able to interpret and apply central rules of AB 04
- Give examples of when modifications of contracts are possible
- Identify and apply central rules for turnkey
- Identify and apply central rules for consultant contracts in the construction industry


Content

Generally about law
The course starts with a description and introduktion of the main sources of law, such as laws, preparatory work and case-law, as well as the relation between legal and ethical principles. Then civil law is treated and particularly the rules on contracts and damages.

Real Estate
The next section of the course deals with laws about real estate in general. This applies to real estate, and the disclaimers and warranties in commercial real estate. Real estate credits connected with a lien and mortgages are treated.
Other treated parts is about concessions such as rent - especially local rent - or lease, and easement.

Construction law
The  part treating rules about Construction is based initially on the general construction contract AB04 and how it is applied in practice. Other forms of contracts for Construction and consulting are also addressed.

Special real estate law
The course ends with the formation of Real Estates, which is about how surveyors create or modify properties, as well as on community facilities and rights.

Organisation

The course is conducted through our own studies and learning activities:

Lectures
The lectures given at the course are either introductory, to facilitate
scanning, or complementary, with recesses of things that are not in
literature. Lectures will illustrate rules purpose and function.

Exercises
Briefing of practice questions will be made, and the exercises are also given training in
up contracts and contract interpretation. Also ethical questions will be discussed here.

Seminars
The course includes seminars around the court cases and other legal sources. They presuppose
preparation by the participants.

Literature

Allmän fastighetsrätt, Victorin & Hager, 7 uppl 2015, ISBN 978-91-7678-8868

Kommersiell byggjuridik i praktiken, Robert Deli, latest edition

Författningar i fastighetsrätt, red Johan Rosell, latest edition

Compendium

Examination including compulsory elements

The examination consists of a written exam, a project, as well as mandatory.
Rating level is determined by the exam result.
Mandatory elements are linked to the project as well as the approval of the exam.
For the final grade, all parts are at least approved.

The course examiner may assess individual students in other ways than what is stated above if there are special reasons for doing so, for example if a student has a decision from Chalmers on educational support due to disability.

The course syllabus contains changes

  • Changes to module:
    • 2023-09-12: Digital exam Changed to digital exam by Examinator
      [0116 Examination 4,5 credit] Changed to digital examination
  • Changes to course rounds:
    • 2023-06-07: Examinator Examinator changed from Robert Severin (severin) to Oscar Allestam (oscjanss) by Viceprefekt
      [Course round 1]