YEREVAN STATE UNIVERSITY OF ARCHITECTURE AND CONSTRUCTION “Curriculum Development For Real Estate Master Degree” Joint Project Supported by TEMPUS “legal studies” Developed by: Karen Khachaturyan Anahit Adamyan Anahit Adamyan Seda Badeyan Seda Badeyan Presented to “Royal Institute of Technologies” Staff in Stockholm Yerevan-Stockholm May, 2008 “Economics, 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’ 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 law  The basic theory of law  The fundamentals of law in the Republic of Armenia  The fundamentals of administrative law and administrative procedure in the Republic of Armenia  The fundamentals of civil law in the Republic of Armenia

Course 1. The basic theory of law Topics Kind of Activities during the course LecturesSeminars Interim Exam Total Origination and concept of law4 2 Legal rules: the characteristics, structure, classification of legal rules 6 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 6 2 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 law 4 2 Legal systems, comparative review of existing legal systems /continental law, case law, systems of law based on the religious norms/ 4 Interpretation of legal rules22 Concept of lawful action, concept and classification of infringements, main principles of legal answerability 82 Basics of criminal law102 Total:

Course 2. The fundamentals of law in the Republic of Armenia Topics Kind of Activities during the course Lectures Seminar s Interim Exam Total 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 81 System of local government in Armenia61 System 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, 124 Judicial system in Armenia, division, hierarchy and main liabilities of courts 8 18 Main principles and rules of civil and administrative judicial procedure, court decisions and verdicts 24 System of compulsory execution of court decisions, main principles and rules of executive process 4 Total:

Course 3.The fundamentals of administrative law and administrative procedure in the Republic of Armenia Topics Kind of Activities during the course Lectures Seminar s Interim Exam Total Administrative legal rules, classification and structure4 1 Administrative legal relations, concept, structure, classification 4 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 2010 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 124 Scientific discipline of documentation46 Total:

Course 4.The fundamentals of civil law in the Republic of Armenia Topics Kind of Activities during the course LecturesSeminars Interim Exam Total The Origin of Civil Law Rights and Duties. Exercising Civil Law Rights, Protection of Civil Law Rights 4 1 Subjects 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 141 Subjects of Civil Law relations: bankruptcy of a private persons and legal entities 21 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 101 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 81 Total:425249

Part 2. Law related to real estate Civil law continuation course Land law and law on natural resources Contract law

Course 2.1 Civil law continuation course Topics Kind of Activities during the course LecturesSeminars Interim Exam Total 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 ownership 162 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. 61 Civil law transactions, definition, classification, characteristics, types, requirements of form, contents, notary verification and state registration 81 Basis of invalidity of civil law transactions, avoidable and void transactions, legal consequences of invalidity of transactions 81 Illegal buildings, general provisions, legal regulation of legalization of illegal buildings and illegally occupied state and community owned lands 32 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 obligations 16 2 Obligations 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 61 Inheritance law: general provisions, inheritance by will and by law, formalization of inheritance, peculiarities of inheritance of real estate 82 Total:

Course 2.2 Contract law Topics Kind of Activities during the course LecturesSeminars Interim Exam Total General provisions on contracts, classification of contracts, conclusion of contracts, changes and rescission of contracts, 102 Purchase and sale6 2 Donation2 Exchange2 Alienation of property against payment of rent2 Leasing, Financial leasing6 Mortgage10 4 Legal 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 2 Compensated rendering of services 2 Commission and agency service, general provisions, main differences 2 Storage and carriage 2 Loan and credit 4 2 Bank deposit and bank account 2 Entrusted management 2 2 Insurance4 Course works seminars4 Total:

Course 3.3 Land law and law on natural resources Topics Kind of Activities during the course LecturesSeminars Interim Exam Total Distribution of ownership to land among state, communities, legal entities and private persons, limitations on ownership of foreign citizens, lands owned exclusively by state 4 1 Implementation 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 expropriation 42 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 45 Forest Code and other legislation on forests71 Water code and other legislation on water objects71 Code on Interior of The Earth and legal regulation of mining activities 71 Examination of legislation on environmental protection82 Course works seminars, review seminars23 Total:

The final distribution of courses and hours of the legal studies will be the following Course name Kind of Activities during the course LecturesSeminars Interim Exam Total PART 1. FUNDAMENTALS OF LAW 1.1 The basic theory of law The fundamentals of law in the Republic of Armenia The fundamentals of administrative law and administrative procedure in the Republic of Armenia The fundamentals of civil law in the Republic of Armenia TOTAL PART PART 2. LAW RELATED TO REAL ESTATE 2.1 Civil law continuation course Contract law Land law and law on natural resources TOTAL PART Course works seminars, review seminars 23 Final exam 6 TOTAL:

Which are the ultimate goals of the study?  The ability to qualify the actions undertaken during their working activity in 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 prohibited to do,  The ability to deepen the perception and understanding of legal rules, the ability to make competent and comprehensive analyzes and interpretation of legal rules, as well as to implement legal rule-making activity,  The ability of competent representation in relation with public administrative bodies, other participants of real estate market, as well as the ability to protect their own rights and interests in relations with their future employers,  The ability to conduct administrative, including cadastral case, elaborate and compose deeds, as well as the ability to protect the rights of the organizations represented by means of administrative initiating corresponding administrative appeal cases and initiating judicial appeals against unlawful deeds concerning their activities.  The comprehensive legal knowledge in field of real estate law  The ability to develop further legal knowledge and skills in specific areas on the basis acquired during the studies.