2020/2021

2020/2021

DM270

IUS/01 (PRIVATE LAW)

DEPARTMENT OF ECONOMICS AND MANAGEMENT

BUSINESS ADMINISTRATION AND LAW

Amministrazione, Finanza e Controllo

1°

1st semester (28/09/2020 - 22/12/2020)

6

44 lesson hours

Italian

ORAL TEST

DELLACASA MATTEO (titolare) - 6 ECTS

The course requires a basic knowledge of the foundations of private law, which, anyway, will be briefly recalled during the lectures.

The course will focus both on business-to business and on business-to-consumer contracts. Special attention will be payed to asymmetric contractual relationships.

Lectures aim to provide a clear and comprehensive representation of contract as a tool used to run a business.

During the lectures, the teacher will examine together with students practical cases drawn from case law: the aim is to provide students not only with the basic knowledge of the subject, but also with a research method for a first, effective approach to legal problems related to business contracts.

- A short history of commercial contracts: from lex mercatoria to relational contracts
- Unfair terms in consumer contracts

- Sale of consumer goods and associated guarantees


- Contracts concluded outside commercial premises and distance contracts between business and consumer

- Unfair commercial practices

- Sales of goods and commercial leases

- Construction contracts and other contracts for performance of works and services

- Banking contracts and other financing contracts; surety contracts and performance bonds

- Atypical contracts: leasing, factoring, franchising, engineering

- Asymmetric business contracts: outsourcing, abuse of economic dependence, rules combating late payments in commercial transactions

The course is based on the interaction between teacher and students. Students will prepare the examination based on the lessons integrated with the statutory and case-law materials provided by the teacher through the IT platform of the University. Lectures will be structured in order to encourage interaction between teacher and students.
On a voluntary basis, students will write papers dealing with topics explained by the teacher. The starting point of their papers will be a judgement or an article that deals with a topic explained during the lessons.

Students prepare for the exam on the basis of lessons, whose registration will be available, supplemented by the materials provided by the teacher through the University's teaching platform. It is therefore not necessary to purchase a manual, but only a good edition of the civil code, like the ones published by Giuffrè (2020, edited by Di Majo) and Zanichelli (2020, edited by De Nova).

If the health situation makes it possible to safely carry out a written test in the classroom, the student's preparation will be verified through a written test - concerning the topics covered in class – which will consist of some open-ended questions.
Students who will have obtained a sufficient mark in the written test will be admitted to an oral exam, which will take place a few days after the written test. For students who have written a paper during the course, the oral interview will begin with the discussion of their paper.

If instead, for health reasons, it is not possible to safely carry out the written test in the classroom, the exam will consist exclusively of an oral interview, taken remotely.

Based on the evolution of the health situation, the teacher will promptly communicate his choice.

Communications between teacher and students will take place through the Kiro page of the course. Students are invited to pay attention to the teacher's messages, also in consideration of any eventualities due to the health situation.