YEREVAN STATE UNIVERSITY OF ARCHITECTURE AND CONSTRUCTIONYEREVAN STATE UNIVERSITY OF ARCHITECTURE AND CONSTRUCTION

““Curriculum Development For Real Estate Curriculum Development For Real Estate Master Degree” Master Degree”

Joint Project Supported by TEMPUSJoint Project Supported by TEMPUS

““legal studies”legal studies”Developed by: Developed by: Karen KhachaturyanKaren Khachaturyan

Anahit AdamyanAnahit Adamyan

Seda BadeyanSeda BadeyanPresented to “Royal Institute of Technologies” Staff in Presented to “Royal Institute of Technologies” Staff in

StockholmStockholm

Yerevan-StockholmYerevan-StockholmMay, 2008May, 2008

““Economics, Law and Management” DepartmentEconomics, Law and Management” Department

The key question was:How to define the scope of the necessary

knowledge in case of a big variety of possible fields of future activity of the

students?

The answer is laid in the question:The legal studies should contain the

courses which will be general and necessary for any kind of future work, as

well as will become a basis, for subsequent specialization in one or

another field of activity.

Courses’ structureCourses’ structure

Fundamentals of law

Law related to real estate

Each of the parts: is awarded by 10 credits,

is divided into several courses.

Part 1. Fundamentals of lawPart 1. Fundamentals of law

The basic theory of lawThe basic theory of law The fundamentals of law in the Republic The fundamentals of law in the Republic

of Armeniaof Armenia The fundamentals of administrative law The fundamentals of administrative law

and administrative procedure in the and administrative procedure in the Republic of ArmeniaRepublic of Armenia

The fundamentals of civil law in the The fundamentals of civil law in the Republic of ArmeniaRepublic of Armenia

Course 1. The basic theory of lawCourse 1. The basic theory of law

Topics

Kind of Activities during the course

Lectures SeminarsInterim

ExamTotal

Origination and concept of law 42Legal rules: the characteristics, structure, classification of

legal rules6

Sources of law, types, basic characteristics of main types of sources of law, temporal and territorial effect of legal

sources, comparative review of sources of law in different legal systems

62

Legal relations, contents, subjects and objects of legal relations

4

System of law, main components /legal rules, legal institutes, sub branches and branches of law, division of the

system of law into public and private law4

2Legal systems, comparative review of existing legal systems

/continental law, case law, systems of law based on the religious norms/

4

Interpretation of legal rules 2 2

Concept of lawful action, concept and classification of infringements, main principles of legal answerability

8 2

Basics of criminal law 10 2Total: 48 12 2 62

Course 2. The fundamentals of law in the Course 2. The fundamentals of law in the Republic of ArmeniaRepublic of Armenia

Topics

Kind of Activities during the course

LecturesSeminar

sInterim

ExamTotal

The fundamentals of constitutional order, main rights and freedoms of a person and a citizen in Armenia,

administrative-territorial division, bodies of legislative, executive and judicial power

8 1

System of local government in Armenia 6 1System of law in the Republic of Armenia, classification and hierarchy of legal rules and legal acts, the legal-rule making

activity in Armenia and some principles of juridical techniques,

12 4

Judicial system in Armenia, division, hierarchy and main liabilities of courts

8

18Main principles and rules of civil and administrative judicial

procedure, court decisions and verdicts24

System of compulsory execution of court decisions, main principles and rules of executive process

4

Total: 62 24 2 88

Course 3.The fundamentals of administrative law and Course 3.The fundamentals of administrative law and administrative procedure in the Republic of Armeniaadministrative procedure in the Republic of Armenia

Topics

Kind of Activities during the course

LecturesSeminar

sInterim

ExamTotal

Administrative legal rules, classification and structure 41Administrative legal relations, concept, structure,

classification4

Administrative process in the Republic of Armenia, principles and rules of implementation of administrative process by public authorities, parties of the administrative process, administrative deeds, classification of the administrative deeds, validity and basics of invalidity of administrative

deeds, means of administrative appeal, administrative appeal procedure

20 10

General review of administrative infringements and administrative penalties, peculiarities of administrative penal

processes, administrative infringements in fields of urban development, usage and maintenance of joint property and

land use

12 4

Scientific discipline of documentation 4 6Total: 44 21 2 67

Course 4.The fundamentals of civil law in the Republic Course 4.The fundamentals of civil law in the Republic of Armeniaof Armenia

Topics

Kind of Activities during the course

Lectures SeminarsInterim

ExamTotal

The Origin of Civil Law Rights and Duties. Exercising Civil Law Rights, Protection of Civil Law Rights

4

1Subjects of Civil Law relations: physical persons, legal

capacity and capability: scope and limitations, guardianship, declaration a person as missing or as dead in court order, legal

consequences of such declaration

4

Subjects of Civil Law relations: legal entities, concept, legal capability, foundation, reorganization and liquidation of legal

entities, types of legal entities, commercial and non-commercial organizations, main characteristic of each type of

a legal entity

14 1

Subjects of Civil Law relations: bankruptcy of a private persons and legal entities

2 1

Objects of civil law relations,/property, including money, commercial papers, securities and property rights, work and

services, information, intellectual property, non-material values/, classification of objects, immovable and movable

property by definition of the Civil Code

10 1

Representation, power of attorney, time periods and rules on definitions of time periods in civil law relations, limitation of

actions, general and special time periods of limitation of actions

8 1

Total: 42 5 2 49

Part 2. Law related to real estatePart 2. Law related to real estate

Civil law continuation courseCivil law continuation course

Land law and law on natural Land law and law on natural resources resources

Contract lawContract law

Course 2.1 Civil law continuation courseCourse 2.1 Civil law continuation course

TopicsKind of Activities during the course

Lectures SeminarsInterim

ExamTotal

Property rights: ownership, definition, scope of possibilities and duties of the owner, means of acquisition of ownership, common ownership, particularities of acquisition of ownership to immovable property,

protection of ownership rights, termination of ownership16 2

Property rights: land parcel development right, definition, scope of possibilities and duties of developer, means of acquisition, performance, alienation and termination of land parcel development right 2 -

Property rights: easements, voluntary and compulsory servitudes, Swedish rules on easements, as a comparison of creation of easements in administrative order.

6 1

Civil law transactions, definition, classification, characteristics, types, requirements of form, contents, notary verification and state registration

8 1

Basis of invalidity of civil law transactions, avoidable and void transactions, legal consequences of invalidity of transactions

8 1

Illegal buildings, general provisions, legal regulation of legalization of illegal buildings and illegally occupied state and community owned lands

3 2

General provisions on obligations, performance of obligations, means of securing of performance of obligations /penalties, retentions, surely, guaranty, earnest money, rules on transfer of a demand and debt,

liability for violation of obligations, termination of obligations16

2Obligations arising on the bases of torts and unjust enrichment. Definition of torts and damage, general provisions on compensation of damage, compensation for a damage caused to the life or health of a person

and as a result of defects in goods, works and services, unjust enrichment, definition, liability and compensation in case of unjust enrichment

6

General review of intellectual property law, copyright, property rights of authors, protection of the copyright, firm name, trademarks, designation of the place of origin of goods

6 1

Inheritance law: general provisions, inheritance by will and by law, formalization of inheritance, peculiarities of inheritance of real estate

8 2

Total: 79 12 2 93

Course 2.2 Contract lawCourse 2.2 Contract law

Topics

Kind of Activities during the course

Lectures SeminarsInterim

ExamTotal

General provisions on contracts, classification of contracts, conclusion of contracts, changes and rescission of contracts,

10 2

Purchase and sale 6

2Donation 2Exchange 2

Alienation of property against payment of rent 2Leasing, Financial leasing 6

Mortgage 10

4Legal basis of development of secondary mortgage market in Armenia, mortgage securities and bonds 4

Performance of work, peculiarities of performance of construction, design and research works 6

2Compensated rendering of services 2Commission and agency service, general provisions, main differences 2

Storage and carriage 2Loan and credit 4

2Bank deposit and bank account 2

Entrusted management 22

Insurance 4Course works seminars 4Total: 66 18 2 86

Course 3.3 Land law and law on natural resources Course 3.3 Land law and law on natural resources

TopicsKind of Activities during the course

Lectures SeminarsInterim

ExamTotal

Distribution of ownership to land among state, communities, legal entities and private persons, limitations on ownership of

foreign citizens, lands owned exclusively by state4

1Implementation of control on land-use and maintenance,

distribution of liabilities among state and community authorities

4

Expropriation of private lands and other immovable objects for needs of state and society, comparative analyses of Armenian

and Swedish legislation on expropriation4 2

Legal basis of land consolidation, present condition and possible development of legislation: voluntary consolidation or

consolidation based on the administrative procedure, legal analyze of pilot project in Armenia

4 5

Forest Code and other legislation on forests 7 1Water code and other legislation on water objects 7 1

Code on Interior of The Earth and legal regulation of mining activities

7 1

Examination of legislation on environmental protection 8 2Course works seminars, review seminars 23Total: 45 36 2 83

The final distributionThe final distribution of courses and hours of of courses and hours of the legal studies will be the followingthe legal studies will be the following

Course nameKind of Activities during the course

Lectures SeminarsInterim

ExamTotal

PART 1. FUNDAMENTALS OF LAW1.1 The basic theory of law 48 12 2 621.2 The fundamentals of law in the Republic of Armenia 62 24 2 88

1.3 The fundamentals of administrative law and administrative procedure in the Republic of Armenia

44 21 2 67

1.4 The fundamentals of civil law in the Republic of Armenia 425

2 49

TOTAL PART 1. 196 62 6 264PART 2. LAW RELATED TO REAL ESTATE

2.1 Civil law continuation course 79 12 2 932.2 Contract law 66 18 2 862.3 Land law and law on natural resources 45 13 2 60TOTAL PART 2. 190 43 6 239Course works seminars, review seminars 23Final exam 6TOTAL: 386 128 18 532

Which are the ultimate goals of the study? Which are the ultimate goals of the study? The ability to qualify the actions undertaken during their working activity in The ability to qualify the actions undertaken during their working activity in

respect to legal regulations, or in other words- to have a “legal respect to legal regulations, or in other words- to have a “legal understanding” of what they are allowed and obliged to do and what is understanding” of what they are allowed and obliged to do and what is prohibited to do,prohibited to do,

The ability to deepen the perception and understanding of legal rules, the The ability to deepen the perception and understanding of legal rules, the ability to make competent and comprehensive analyzes and interpretation ability to make competent and comprehensive analyzes and interpretation of legal rules, as well as to implement legal rule-making activity, of legal rules, as well as to implement legal rule-making activity,

The ability of competent representation in relation with public The ability of competent representation in relation with public administrative bodies, other participants of real estate market, as well as administrative bodies, other participants of real estate market, as well as the ability to protect their own rights and interests in relations with their the ability to protect their own rights and interests in relations with their future employers, future employers,

The ability to conduct administrative, including cadastral case, elaborate The ability to conduct administrative, including cadastral case, elaborate and compose deeds, as well as the ability to protect the rights of the and compose deeds, as well as the ability to protect the rights of the organizations represented by means of administrative initiating organizations represented by means of administrative initiating corresponding administrative appeal cases and initiating judicial appeals corresponding administrative appeal cases and initiating judicial appeals against unlawful deeds concerning their activities. against unlawful deeds concerning their activities.

The comprehensive legal knowledge in field of real estate lawThe comprehensive legal knowledge in field of real estate law The ability to develop further legal knowledge and skills in specific areas on the basis The ability to develop further legal knowledge and skills in specific areas on the basis

acquired during the studies.acquired during the studies.