CdSMANAGEMENT FOR BUSINESS AND ECONOMICS
Codice376NN
CFU6
PeriodoSecondo semestre
LinguaInglese
Acquiring the fundamental notions of what a legal system is, how it functions, what comparative legal analysis entails, the fundamental principles of european law and its relationship with member states, the differences between common law and civil law.
Gain fundamental knowledge of contract law, in a comparative perspective, primarily focusing on the Italian, French, German, British and US legal systems.
Acquire analytical skills to understand legal texts and to identify legal issues and solve them, based on the knowledge possessed.
*Written exam based on a open question and one issue spotter.
In the latter the candidate needs to identify the legally relevant facts provided in a short account, determine applicable law and effectively apply it to solve the issue at hand.
* As long as the exam will be held remotely, the open question will be made in a second part of the test, as an oral exam, to which only students who passed a minimum score in the issue spotter will be admitted.
Knowledge of the fundamental legal notions and methodologies presented.
Analytical skills to determine (i) what facts are relevant, (ii) what legal rules apply and, (iii) what conclusions this leads to.
written exam
study course books and materials provided.
learn to read legal texts by looking into civil codes cited during classes
Course Introduction.
- Program, exam and general information (study material, how to study, office hours etc.)
First lecture:
- Definition of ‘law’; function of the law
Essential concepts: legal norms, legal systems, rules/principles, juridical positions, juridical facts/acts, legal subjects
Comparative law: functions, approach and methodology
Western legal tradition; civil law and common law jurisdictions (part 1)
Western legal tradition; civil law and common law jurisdictions (part 2)
European Law
Private Law and its sources
The notion of contract and the purpose of contract law
Sources of contract law at national, european and international level.
Contract formation: offer and acceptance Form of contract and legal capacity
Contract formation: consent - the desire to be legally bound by a contract, exceptions and limitations
Contract formation: consideration and causa
formalities: their uses, functions, and sanctions for their violation
Interpretation and gap filling, the principle of good faith (objective)
Defect of consent and misrepresentation
Prohibited contracts
Voidance and Annulment
Performance, specific performance, and responsibility for breach
damage compensation, and quantification of damages in case of breach, the termination of the contract and efficient breach theories.
The notion of consumer and its consequences in contract law; sales guarantees directive
Unfair contractual term directive
Private international law: ratio, definition, scope of application, main legal instruments, focus on contract and consumer law
- Sirena, Introduction to Private Law, Il Mulino, 2021 (3rded. If available)
- J.M. Smits, Contract Law. A Comparative Introduction, Elgar 2017
- All materials made available on the course webpage
NA
See above