Law 201 - Jurisprudence
The History of Legal Theory and modern schools of thought concerning
the nature, origin and function of law in society. An analysis and evaluation
of specified concepts used in law and make a comparison between common
law and civil law systems. In particular it shall consider: sources
of law-custom; precedent; legislation; contract; quasi-contract; crime;
right in its various senses and public policy. (3 credits)
Law 211 - Introduction to Private Law
The history and development of Private Law, its structure and basic
concepts. The sources of Private Law. A study of certain aspects of
the laws of persons; family; filiation; successions; property and obligation
(3 credits)
Law 221 - Introduction to Public Law
The theoretical, historical and political bases of public law. An inquiry
about the distinction between public and private law. A study of certain
aspects of constitutional law and administrative law with a view to
developing techniques of reasoning and of case analysis pertinent to
public law. (3 credits)
Law 231 - Law of Persons
Personality and its inherent rights; names; proof of civil status; residence
and domicile; capacity of physical (natural) persons. Minors and organs
of protection of the minor. Insane and infirm persons. Judicial and
legal interdiction. Bodies corporate (juridical persons). (3 credits)
Law 241 - Contracts I
Nature, formation and effects of contracts. Capacity of parties. Reality
of consent. Legality of object. Performance and non-performance of contracts.
Plurality of debtors or creditors. Third parties in relation to contracts.
Proof of contracts. (3 credits)
Law 202 - Law of Property
Terminology; the controversial concepts of property. Classification
of property. Possession and its legal affects. Ownership; its acquisition,
transfer and extinction. Real rights other than ownership. Public domain,
expropriation. Registration of immoveables. Literary and artistic ownership.
Contracts relating to immoveables. (3 credits)
Law 212 - Family Law
The historical development of family and its importance Marriage and
rights created by it. Termination of marriage and its consequences.
Family arbitrators and their role. Marital property; filiation and adoption.
Maintenance custody and guardianship of children. The role of the state
in protecting the welfare of the family. (3 credits)
Law 332 - Law of Successions
The theoretical and historical aspects of successions. The competing
rationalities about succession. Eligibility to succeed. Intestate and
testate successions. Wills, their types, validity and interpretation.
Liquidation of successions. (3 credits)
Law 242 - Civil Procedure I
The nature of Civil Procedure. The hierarchy of Courts and their jurisdiction.
Parties to a law suit and the various classes of parties. Service of
process. (3 credits)
Law 301 - Contracts II
Nature and object of the contract of sale. Various forms of sale. Rights
and obligations in the contract of sale. Transfer of ownership and its
effects on third parties. Contracts allied to sale. Donation, Loan.
Prerequisite: Law 241.
Law 311 - Commercial Law I
History and sources of Commercial Law, traders and business. Elements
of business. The nature and creation of the principal and agent relationship
and the scope of the agent's authority. The position of the principal
and agent vis-à-vis third parties, contracts and torts. Survey
of different types business organizations. Study of corporations, partnerships
and agency principles in the world of business. Structure, control and
characteristics of the modern business corporation. (3 credits)
Law 321 - Penal Law I
Characteristics of crime. Definition and elements of offence. Degrees
in the commission of an offence. Actus Reus and Mens-Rea. Intention-direct
and indirect. Negligence-conscious and unconscious. Participation in
an offence in a principal and in secondary capacity. Types of offenses.
Defenses to criminal responsibility. (3 credits)
Law 331 - Civil Procedure II
Execution of decrees and proceedings to be followed in execution. Methods
of attachment and sale of property. Pleadings. The trial. Means of proof.
Review of judgements and appeals. Res judicata. Prerequisite: Law 242.
Law 341 - Constitutional Law I
The nature of Constitutional Law. Theoretical sources for and characteristics
of the study of constitutional development. Constitutional conventions.
Outline of constitutional history of Eritrea from 1952 to date. (3 credits)
Law 351 - Legal Profession
Problems of the legal profession. Examination of the essential functions
of a lawyer and comparison of lawyers' roles in different societies.
Professional ethics and the honor system. Legal assistance for indigents.
(3 credits)
Law 302 - Extra-Contractual Liability
General principles of liability. Sources of tort liability. Liability
based on fault, liability without fault and vicarious liability. Defenses
in the law of tort. Remedies (damages, injunctions and specific restitution).
Assessment of compensation. (3 credits)
Law 312 - Penal Law II
Punishment, purpose and its major elements. Determination of punishment
and the concept of individualization. Kinds of punishments- principal
and secondary. Measures applicable to adults and young persons. Measures
for the purpose of prevention and protection. Prerequisite: Law 321
Law 322 - Labor Law
Historical outline of Labor Law; development of Labor Law within the
Eritrean context; the various proclamations and regulations governing
labor relations; rights and duties under the employment contract; minimum
labor conditions; trade and employment contract; trade Unions, collective
agreements and settlement of labor disputes. (3 credits)
Law 332 - Criminal Procedure
Jurisdiction and powers of Criminal Courts; the pre-trial process; trial,
charges; previous acquittals and convictions; exectution of sentences
and judgments appeal and revision. (3 credits)
Law 342 - Constitutional Law II
The distributions of law making powers. Heads of state and prerogative
rights. The legislature, its composition, functions and powers. Control
of national finance. Civil and political rights. Judicial institutions
and the constitutional position of the judges. Prerequisite: Law 341
Law 352 - Commercial Law II.
Carriage and insurance; negotiable instruments and banking transactions;
bankruptcy. Prerequisite: Law 311
Law 401 - Customary Law (Indigenous Law)
A preliminary inquiry about the various Eritrean religious and traditional
customs and laws. Application of religious and customary laws in contemporary
Eritrea. (3 credits)
Law 411 - The Major World Legal Systems
Historical bases of the major legal systems; comparision of Roman, Germanic,
Socialist, common law, religious and traditional legal systems. (3 credits)
Law 421 - Public International Law I
Preliminary questions in International Law; the nature, sources, and
application of international law - treaties, custom; relationship to
national law. (3 credits)
Law 431 - Public Finance law/Taxation Law
The development of Public Finance as a subject by itself; various theories
and generally accepted principles; government expenditures; the budgetary
system; development of taxation; various types of taxes; tax rates;
procedures for assessment, collection and appeals. (3 credits)
Law 441 - Advanced Legal Writing and Research
Legal writing in different contexts; drafting of statutes, judicial
opinions, and legal memos; learning how to do legal research in civil
and common law systems; use of computer research methodology. Prerequisite:
Law 222. (3 credits)
Law 451 - Law of Evidence
Nature and classification of judicial evidence; admissibility and its
relation to relevance; privilege and estoppel; hearsay and its exceptions;
oral evidence-scope; attendance of witnesses; examination of witnesses;
documentary evidence; inspection out of Court; assessment of evidence;
burden of proof; presumptions-nature; corroboration. (3 credits)
Law 402 - Private International Law/Law of Conflicts
The historical development and theory of Private International Law Theories
as to the nature of Private International Law: the comity theory, the
nationality theory, the location of legal relations, the rights theory,
the local law theory. The Principles of Private International Law relating
to: persons - status and capacity; the family - validity and effects
of marriage; divorce; legitimacy; contracts; torts; property; procedure
and evidence. (3 credits)
Law 412 - Land Tenure System Law
Historical outline of the general notions and laws pertaining to land.
A comparative study of a variety of land tenure systems ; lease and
mortgage; laws relating to rural and urban landholdings. Prerequisite:
Law 202. (3 credits)
Law 422 - Administrative Law
Definitions of Administrative Law. The legislative, administrative and
judicial powers of the administration and the importance of the distinction
of these powers; the nature and constitution of public corporations
including their powers, duties liabilities and privileges; comparison
of machinery for resolving administrative law problems in different
countries; a survey of Eritrean Administrative Law. (3 credits)
Law 432 - Senior Thesis
Research papers dealing intensively with a chosen area of the courses
provided herein and written under the close supervision of a faculty
advisor. An oral defense before a faculty panel is required. (6 credits)
Law 442 - Public International Law II
International Law of : Persons; States; Recognition. Individuals and
International Law. Territory. The Sea. The Air. Jurisdiction, territorial
and personal. Nationality. Legal aspects of the use of coercion in international
relations. Arbitration. International Courts and Tribunals. Prerequisite:
Law 421. (3 credits)
Law 501 - Insurance Law
Survey of the principles of insurance law. Laws affecting different
classifications of insurance: Personal Insurance, Property Insurance,
Liability insurance, Motor Vehicle and Aviation Insurance, Marine insurance,
Contingency Insurance, Insurance Policies and Insurance Agents. (3 credits)
Law 511 - Advanced Business Organizations Law
In-depth study of the modern corporation and other business organizations;
the law of agency. Prerequisite: Law 311. (3 credits)
Law 521 - Maritime Law
Admiralty Jurisdiction, Ship Ownership and Management, Maritime liens
and mortgage, Maritime employment, Marine Insurance Contract of carriage.
Law governing collision and salvage. (3 credits)
Law 531 - International Business Transactions
Government policies. An overview of historical approaches to foreign
trade and investment; current policies and approaches; governmental
institutions involved with foreign investment and trade; non-governmental
agencies; regional institutions and arrangements. The Legal framework
of foreign trade and investment. Problem areas in foreign trade and
investment. Prerequisite: Law 311. (3 credits)
Law 541 - Securities Law
Development of securities law in Eritrea. Examination of securities
laws in selected countries, covering statutes and regulations re: distribution
of securities, trading of securities on stock exchanges and other markets.
Prerequisite: Law 311.
Law 551 - Banking Law
Government regulation of banks and other financial institutions. Formation,
structure and development of national banks. International banking.
Prerequisite; Law 311.
Law 561 - Patents and Intellectual Property Law
Nature of copyright, trademark and patent law. Enforcement and development.
International treaties. Impact of modern technology. Prerequisite: Law
202.
Law 571 - Environmental Law
Survey of environmental law and policy. Topics include public land use
policy, government regulation of business and industry comparision of
environmental laws and regulations in other countries, development of
environmental law in Eritrea. (3 credits)
Law 502 - Islamic Law
Islamic Law in the modern age. Influence and extent. Meaning of Sharia.
Sources of Islamic Law. The development of the Schools of Law. The Courts
and procedure. (3 credits)
Law 512 - Ocean and Coastal Law [Law of the Sea]
Study of the legal doctrines, policy choices, and policy evaluation
relating to the allocation and use of ocean and coastal resources. International
and national law pertaining to marine pollution, fisheries development
and energy production. Prerequisite: Law 202 (3 credits)
Law 522 - Trial Practice
Study of the trial as part of the legal system. Students will participate
in demonstrations of various trial activities, such as legal and factual
arguments, examination of witnesses, presentation of evidence. (3 credits)
Law 532 - Investment Law
Definition of Investment. The role of investment in the economic development
of Eritrea. Foreign and domestic investment. Guarantees and incentives
of investment. Investment and the environment. Experience of selected
countries for comparative purposes. Prerequisite: Law 352. (3 credits)
Law 542 - Natural Resources Law
Law governing the prospecting, exploration, development and disposition
of natural resources. The import of foreign capital required for these
purposes. Rules and conditions necessary for the authorization, restriction
of prohibition of activities affecting natural resources. Share of profits
derived from natural resources exploitation. Nationalization, expropriation
or requisition - legality. International law on natural resources of
peoples and nations and its applicability in Eritrea. Prerequisite:
Law 202. (3 credits)
Law 552 - Law and Development
Impact of law in the developing world. Study of legal systems in selected
developing countries to understand the possible models, and analysis
of models in light of Eritrean conditions. (3 credits)
Law 562 - Mechanisms For Resolving Legal Disputes
Examination of the dynamics, advantages and disadvantages of techniques
other than litigation in the courts for resolving disputes. Mediation,
arbitration, and other mechanisms. Advantages and disadvantages of alternative
dispute resolution. (3 credits)
Law 572 - Principles of Negotiation
Principles of effective and ethical negotiation. Negotiation and compromise
in national and international legal systems. (3 credits)
Law 582 - Aviation Law
Air law. Body of law directly or indirectly concerned with civil aviation;
airspace, sovereignty, private rights, airports, aircraft; the channeling
of rights and duties through the principle of nationality. (3 credits)
Courses listed from other University departments
Poli 222 - International Relations I
This course provides an historical and theoretical background to the
origins and development of the international state system, emphasizing
changing patterns of alliance politics and crisis behavior, and basic
analytic concepts of international relations such as levels of analysis,
political realism, power and influence, national goals and national
interest, means and ends in foreign policy, decision making approaches
and the international system and world order. Cases studies will provide
both historical detail and concrete examples of the concepts employed
in the study of international relations. (3 credits)
Poli 321 - International Relations II
This course will offer an overview of 1) actors in the international
system, e.g., the state and international organizations, 20 interactions
among actors, 3.g., linkage politics, conflict and mediation, international
guarantees and commitments, and 3) main processes in the international
system. (3 credits)
Law 527 - Notary Law
Law specializing with respect to real estate, sales, mortgages and the
settlement of estates and preparation of documents or authentication
of documents in the proper manner. Drafting and verification of wills
and contracts, preparation of petitions for presentation in courts.
(3 credits)