Course Description

Credits: 3(3-0-0)

The course aims to focus on the philosophy of law pertaining to various schools of jurisprudence such as: analytical, philosophical, historical, sociological, and natural schools. It will consider the modern approaches of contemporary legal movements like the American and Scandinavian realism, and women jurisprudence. A comparative analysis between Islamic and western legal philosophy will be made which includes the theories of punishment, purposes of law, sources of legal rights and obligations and so on. Beside western philosophy of law, the course will also deal with some legal principles which are applied by various jurists of Islamic law such as: Principle of Istihsān, Maslahah mursalah and Sadd al-dharā’i‘.

Credits: 3(3-0-0)

This course is for students who wish to gain a deeper and contextual understanding of commercial contracts, namely, sale of goods, agency and hire-purchase/sale by installments. It is designed to look into greater depth and a more detailed and critical study of the law relating to these types of commercial contracts. This course will adopt a comparative approach by looking at the various jurisdictions, namely America, England and to a certain extent under the Saudi law. The objectives of the course are to inculcate specialized and advanced knowledge and skills to the students on the commercial contracts, which are currently demanded by the industry. This course is also aimed at developing the students’ ability to communicate ideas, theories and legal principles and also to identify the legal issues and apply the legal principles in any given facts situation.

Credits: 3(3-0-0)

*(A) Course given in Arabic language The course focuses on how to distinguish between the commercial actions and the civil actions, and the other various types of commercial actions. It analyzes the implications of this distinction from a legal, judicial and jurisprudential point of view. It defines the trade instruments as an important commercial application. It also defines discusses the laws relating to Bankruptcy, money laundering and sole property laws. Upon successful completion of this subject, students should be able to explain business as an economic, ethical and social activity; legal regulation and other considerations vital to a business and professional person in private or public practice.

Credits: 3(3-0-0) Prerequisite: CML 510

This course provides an introduction to legal research for Master of Commercial Laws. The course covers philosophy of research and theoretical perspectives underlying different research approaches in the social sciences. It also covers the topic on research techniques, developing statement of problems, hypothesis, research theme, writing of literature review, collection of data as well as legal writing techniques. It is aimed to develop student’s understanding on the foundational methods and techniques of academic research. This would enable the student to conduct research and produce research output which is relevant for professional research environment.

Credits: 3(3-0-0) Prerequisite: CML 511

The course provides an insight about the difficulties arising from international commercial transactions and the means by which such difficulties could be resolved and settled down through an amicable way (such as: (Arbitration, Mediation and Reconciliation). It also covers the law and procedure of dispute settlement under the WTO, especially the work and procedure of the panel and Appellate body and the problems in implementation of judicial decisions of the two institutions.

Credits: 3(3-0-0) Prerequisite: MCL 512

This course is concerned with the regulations of commercial companies; both in terms of definition and identification of their types, foundation, dissolution, transformation, integration and liquidation. How to Organize and manage such corporations, finally to clarify the liability resulting from their actions.

Credits: 3(3-0-0) Prerequisite: CML 511

The course provides information about important legal and Shariah issues in the working of Islamic banks especially the issues pertaining to application of modes of investment, process flow and procedure of banking transactions etc. The course will also deal with important problems and challenges faced by Islamic banks and how to resolve them.

Credits: 3(3-0-0) Prerequisite: CML 521

This course covers the law concerning the formation and some other aspects of international sales contracts and international commercial contracts, INCOTERMS 1990, risk analysis in international trade, international trade finance and risk of payment in international trade. It also examines the impact of law on the business transaction involving international trade. It will focus also on the actors in International Trade for instance WTO and UNCITRAL.

Credits: 6(6-0-0) Prerequisite: CML 520

The course requires the student to write a research project which derived from an extension of idea/s that the student may elaborate further on any chosen topic, upon agreement with the supervisor. It has to be an original work that shows the student understands on the Legal Research and Writing course. The aim of this course is to develop the student’s skills on basic research and academic writing.

Credits: Credits: 6(6-0-0) Prerequisite: CML 520

The course requires the student to write the thesis on any topic that is related to the field. The topic is selected by the student, agreed by the supervisor and approved by the College. The thesis shall be based on the original research, using specific methods of research, relying on primary or secondary sources, demonstrating ability to interpret findings and formulating conclusions that are the result of independent thinking. Student is to observe all the rules on research as endorsed by the University. The student is to produce the research and writes the result in the form of a written thesis.

Credits: 3(3-0-0) Prerequisite: CML 511

The course especially emphasizes on Capital Market Laws in Saudi Arabia, and its comparative study with the UK and US. It also provides the students an understanding of Securities Regulation, Management of Corporate Finance, Market Regulation, Enforcement registration process, corporate reporting, Financial Market Instruments, Institutions and functions Performed by Financial Markets and also the risk management.

Credits: 3(3-0-0) Prerequisite: CML 511

The course provides information and knowledge regarding various models and mechanisms of corporate governance; explains and identify the shareholder / stakeholder right and responsibilities; indicates the issues concerning the board of directors and management; explains the role of audit committees; analyzes the corporate scandals along with corporate best practices; and finally assesses the legislations on corporate governance and responsibility.

Credits: 3(3-0-0) Prerequisite: CML 511

The course covers two parts. The first part focuses on consumer protection law, including the law governing the consumer protection in KSA. The second part covers the Competition Law such as monopolistic agreements, misuse of market power, mergers/acquisitions; and enforcement issues including authorization and notification regime and remedies.

Credits: 3(3-0-0) Prerequisite: CML 511

The course covers both national and international means of protection. It focuses on the trade related aspects of Intellectual Property Rights, including the trademark and other distinctive signs protection, patents and copyright. It covers also the contemporary legal issues affecting the intellectual property.

Credits: 3(3-0-0) Prerequisite: CML 511

The course covers the current laws governing the construction laws in KSA, types of construction contracts, essentials of plans and specifications, bidding, awarding and administration of contracts. It also involves the liability post completion of the construction that is defect liability as well as dispute resolution for construction dispute.

Credits: 3(3-0-0) Prerequisite: CML 511

The course deals with basic concepts of international and local laws relating to petroleum investment, current elements of petroleum legislation, and petroleum investment agreements. The course focuses on the major actors in Petroleum Law (OPEC, OAPEC etc.). The course covers the general approaches, policies, and agreements used to regulate the petroleum industry in key selected jurisdictions outside and inside the KSA.

Credits: 3(3-0-0) Prerequisite: CML 511

The course focuses on the meaning of Corporate Social Responsibility (CSR) and its relevancy to the law and regulations. The attention is made to the compliance with environment and labor standards. It also covers the topic on how corporate law is used to achieve the objective of CSR, law and indirect measures in promoting CSR locally and internationally, sources of SCR (Economic Co-operation and Development (OECD), Guidelines for Multinational Enterprises and the National Contact Point, the United Nations (UN) Global Compact and Corporate Codes of Conduct, monitoring and enforcement of international and domestic CSR and multi-stakeholder arrangements.

Credits: 3(3-0-0) Prerequisite: CML 530

The course covers both management and institutional issues confronting the international banking. This would include the international banking and financial condition, evolution of international banking and operational issues. The regulatory and policy problems confronting international banks as well as the recent banking and financial crisis and its impact on international banking will be covered too.

Credits: 3(3-0-0) Prerequisite: CML 512

This course introduces Tax law from a technical and legal point of view; through a comparative study between the general rules that govern the tax laws in the world and the applied Tax of Income Law/1425 Hijra in the Kingdom of Saudi Arabia. It stresses the impact of these rules on the applied Zakat system in Saudi Arabia, which was issued in 1370 Hijra, this system gives the Kingdom the uniqueness in applying the dual system: Zakat and Taxes.