Syllabus del corso
Obiettivi formativi
ATTENTION
NB: Esame orale e fino a nuova disposizione tramite webex
Istruzioni operative:
Per motivi organizzativi e per facilitare la gestione degli esami è fondamentale che provvediate a iscrivervi entro 5 giorni dalla chiusura dell'appello (indipendentemente dalla data formale di chiusura dell'appello stesso) e che procediate a cancellare l'iscrizione se decidete di non presentarvi.
Modalità di verifica dell'apprendimento
Oral exam; preparation of a final essay is possible only when agreed with the teacher.
Learning objectives
The course aims to provide an analysis of contract law with particular reference to business and consumer contracts law and models in comparative and global perspective.
Contents
After an introduction to the essential aspects and methodology of comparative law, the European law models will be examined, with specific reference to harmonization, unification and optional law models. A particular focus will be dedicated to business-to-consumer directives and their implementation in the Member States.
The course will also examine business and consumer contract law and models outside the Western Legal Tradition. In particular, contract law and models in BRICS countries will be considered.
The second part of the course will address specific issues relating to the formation of the contract and its effects, namely unfair commercial practices and misleading advertising in business-to-business contracts, unfair terms, sale of goods liability for defective goods.
Finally, specific contracts will be examined, with particular reference to the financial sectors, credit contracts and insurance contractsDetailed program
Part I Introduction to contract law in comparative and global perspective
1. The comparative law approach and methodology (2h)
2. Legal families and Legal traditions (2h)
3. Fundations of the Western Legal tradition and the rule of law: impact on contract law (2h)
4. The creation of business to consumer contract law in EU and the institutional framework (legal basis, objectives, limits) of EU (2h)
5. Projects, solutions and models of harmonization, unification (2h)
6. Optional laws, Unidroit and contract models (4 h)
7. Liabilities towards consumers between contract law and tort law (2 h)
8. Contract law outside EU and the Western Legal Tradition: analysis of models and solution in BRICS countries (2 h)
9. Contract law outside EU: China (2h)
10. Contract law outside EU: India (2h)
Part II Analysis of specific aspects of contract law
11. Unfair contract terms in B2C contracts (2h)
12. Unfair contract terms in other contracts (2h)
13. Unfair commercial practices (2h)
14. Unfair commercial practices 2 (2h)
15. Credit contracts 1(2h)
16. Credit contracts 2 (2h)
17. Insurance contracts 1 (2 h)
18. Insurance contracts 2 (2h)Assessment methods
Oral test. Preparation of a final essay is possible only when agreed with professor
Textbooks and Reading Materials
All students shall prepar the final exam on the following materials avalable on line (e-learning site of the course):
- Sacco, Legal formants - Excerpts
- Merryman, The Civil Law Tradition - Excerpts
- Gilmore, The death of contract - Excerpts
- All other materials suggested at lesson and listed on the e-leaning website of the course. The list of specific materials to be prepared will be revised together with the professor at the end of each academic year.
Scheda del corso
Staff
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Diana Valentina Cerini