Learning objectives
At the end of the training activity, the student should have acquired knowledge and skills related to the main issues and the most important issues of contract law. In particular, it is expected that the student will be able to:
1. Know the legal provisions contained in the Civil Code and the special laws governing the obligations, the general rules of the contract and some typical, atypical contracts; To remember, from the teaching of Private Law Institutions, the basic definitions of obligation, contract, as source of obligations, and of each single contract, subject of study; Understand the concepts of mandatory and contractual relations, both as a source of bonds and in terms of a legal agreement; Read and understand a jurisprudential pronouncement; Interpret the rules systematically, according to doctrinal and jurisprudential guidelines (knowledge and understanding skills).
2. Apply interpretations acquired in concrete cases; Be able to perform practical case studies through the techniques of legal argumentation, under the guidance of the Teacher (ability to apply knowledge and comprehension).
3. Know how to analyze autonomously, critically, jurisprudential pronouncements and cases of reality through the process of interpretation of the fact and its legal qualification (autonomy of judgment).
4. To publicize the conclusions of their own analysis of the pronunciation and / or the concrete case, adequately motivating them on the basis of interpretative norms and guidelines (communicative abilities).
5. Being able to link the different topics dealt with each other, with basic and related disciplines; For attending students, be able to act, if necessary, in a context of collective case study; To know how to evaluate the various alternative solutions to different concrete situations (learning ability).
Prerequisites
For students enrolled in the first year from aa. 2013/2014, in order to support the examination of Civil Law II, you must have passed the examinations of: Institutions of Private Law, Institutions of Roman Law, Constitutional Law and Civil Law I.
For students enrolled in the first year from years preceding aa. 2013/2014, in order to support the examination of Civil Law II, you must have passed the examinations of: Institutions of Private Law, Institutions of Roman Law and Civil Law I.
Course unit content
The course covers the monographic study of the contract in general, and the deepening of certain individual contracts, typical and atypical.Particularly, in the first part of the course, the general profile of the contract will be addressed as a source of bonds, and as an agreement in its essential structural elements; In the second part, the accidental elements, the representation, the pathology of the contract; In the third part, the interpretation, effects and contractual remedies.At the same time, the discipline of individual contracts will be investigated with regard to the following issues: contract formation; Circulation of goods; Loan and use of property; Provision of services; Personal guarantees and insurance; Contracts in disputes.
Full programme
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Bibliography
NON-FREQUENCY STUDENTS:1) As regards the general contract discipline, the reference text is: F. GALGANO, The contract, Cedam, last edition (to date II ed., 2011).The text will only be studied with reference to the following chapters: III (The contract as a source of bonds); IV, all sections (the requirements of the contract); V (term and condition); VI (The translational effect of the contract); VIII, all sections (Validity and Disability); X (Representation); XI (interpretation and qualification); XIII (The effects of the contract); XIV (termination of contract); XV (The congruity of the contractual exchange) (about 440 pp.).2) In addition to the previous text, as regards the discipline of the individual contracts, the reference text is:AA. VV., Contracts, acts and clauses, by A. Mora, Giuffrè, 2015.The text will be the subject of study only with reference to the following paragraphs: 1.1. (Preliminary agreement); 1.2 (Option); 1.3 (Pre-emption Act); 1.4 (Irrevocable Proposal); 2.1 (Sale); 2.2. (Barter); 2.4 (Credit transfer); 2.5 (Factoring); 3.1 (Comodato); 3.2 (Mutuo); 3.3 (Rental); 3.4 (Leasing); 4.1 (Contract); 4.3 (mandate); 5.1 (Guaranty); 5.4 (Insurance); 7.1 (Transaction) (about 130 pp.).Contractual models, placed in the final part of the volume, may be read separately, only to facilitate the understanding of the contracts being studied but will not be considered.3) It is indispensable that the study of both texts be accompanied by the constant consultation of the CIVIL CODE and the main special contractual laws, published in appendix to the most popular latest editions of the CIVIL CODE.4) Non-attending students will also have to choose 2 jurisprudential judgments to be published, including those published weekly, on the Elly platform (see "Teaching Methods").FREQUENTLY STUDENTS:
1) As regards the general contract discipline, the reference text is: F. GALGANO, The contract, Cedam, last edition (to date II ed., 2011).
The text will only be studied with reference to the following chapters: III (The contract as a source of bonds- REPLACE, OF PREFERENCE, WITH THE FIRST PART OF THE LESSONS); IV, all sections (the requirements of the contract); V (term and condition); VI (The translational effect of the contract); VIII, all sections (Validity and Invalidity); XI (interpretation and qualification); XIII (The effects of the contract); XIV (termination of contract); XV (The congruity of contractual exchange) (about 405 pp.).
The following chapters are therefore excluded X (Representation).2) In addition to the preceding text, as regards the discipline of the individual contracts, the reference text is:
AA. VV., Contracts, Acts and Clauses, by A. Mora, Giuffrè, 2015.
The text will be the subject of study only with reference to the following paragraphs: 1.1. (Preliminary agreement); 1.2 (Option); 1.3 (Pre-emption Act); 1.4 (Irrevocable Proposal); 2.1 (Sale); 2.4 (Credit transfer); 2.5 (Factoring); 3.1 (Comodato); 3.2 (Mutuo); 3.3 (Rental); 3.4 (Leasing); 4.1 (Contract); 4.3 (mandate); 5.1 (Guaranty); 5.4 (Insurance); 7.1 (Transaction) (about 125 pp.).
The following paragraphs are therefore excluded: 2.2. (Barter). Contractual terms, placed in the final part of the volume, may be read separately, only to facilitate the understanding of the contracts studied but will not be the subject of examination.
3) It is essential that the study of both texts be accompanied by the constant consultation of the CIVIL CODE and the main special contractual laws, published in appendix to the most popular editions of the CIVIL CODE.
4) Attending students, in the face of a reduction of the reference texts program, will have to choose 2 jurisprudential judgments, among those published on a weekly basis, on the Elly platform, and 2 concrete cases, among those dictated by the teacher and analyzed in Classroom during the 18 hours of exercises.
Teaching methods
Didactic activities will be conducted by alternating oral frontal lessons, for a duration of 48 hours, in active learning mode, for a duration of 18 hours.
During the lessons, focusing, on the one hand, on the deepening of some contractual institutions, the dialogue with the classroom will be privileged. In parallel with each lesson, the correlative guided practical exercises (case law and case studies, simulations even in groups) will be carried out.
For non-attending students, two of the jurisprudential judgments, selected between the ones published by the Teacher, on a weekly basis, on the Elly platform, must be considered an integral part of the didactic material.
For attending students, two jurisprudential decisions should be considered as an integral part of the didactic material, chosen among those published on a weekly basis, starting from October 2017, on the Elly platform, and two cases selected by the teacher and analyzed in the classroom during the 18 hours dedicated to exercises.
It is recommended that all students also take a look at the Elly platform of any uploaded footage by the Teacher for further explanations of certain parts of the program.
In order to allow for a greater insight into the part of the individual contracts and correlative exercises, the 10-hour supplementary course "Typical and atypical Contracts" will be provided, and the teacher will benefit from the AA text. VV., Contracts, acts and clauses, by A. Mora, Giuffrè, 2015, in the parts specified and subject to examination.
Assessment methods and criteria
NON-FREQUENCY STUDENTS:
The final evaluation (vote on thirty) takes the form of an oral exam with at least three questions, with reference to the suggested texts and the parts indicated. The final examination aims at assessing whether the student has knowledge and understanding of the institutes and has acquired interpretative competence in jurisprudential pronouncements. The level of sufficiency will be reached when the student has demonstrated knowledge and understanding of the institutes as well as minimum application competencies regarding the autonomous, critical and reasoned exposure of the two jurisprudential judgments selected between those published by the teacher, with weekly tendency, starting from October 2017, on the Elly platform. Below these thresholds, the examination will be insufficient. Voting of the oral test is communicated immediately at the end of the test.
FREQUENTLY STUDENTS:
During the exercises, the teacher provides partial, formative exams useful to monitor the achievement of the learning objectives in the field and to provide feedback to the students before the official call. The methods and dates of such partial tests will be communicated by the teacher during the lessons. The final evaluation (vote on thirty) takes the form of an oral exam with at least three questions, with reference to the suggested texts and the parts indicated. The final examination aims to assess whether the student has knowledge and understanding of the institutes and has acquired interpretative competence in case-law and case-law judgments. The level of sufficiency will be reached when the student has demonstrated knowledge and understanding of the institutes as well as minimum application competencies regarding the autonomous, critical and reasoned exposure of the two jurisprudential judgments selected between those published by the teacher, with weekly tendency on the Elly platform and the 2 cases selected between those dictated by the Teacher and analyzed in the classroom during the 18 hours dedicated to the exercises. Below these thresholds, the examination will be insufficient. If the student has passed partial trials or has succeeded in any process simulation, he / she may exclude from the final test the relevant arguments, and may request that the positive result be taken into account for the purposes of the award of the final vote. Which is communicated immediately at the end of the final test itself.
Other information
This program is compulsory for students, attending and non-attendants, enrolled in the third year starting from a.a. 2017/18, and for students who were also enrolled in years after III, but who wanted to attend the Course, taking part in the lessons in the a.a. 2017/18. For the students of the previous cohorts, it is worth the a.a. 2016/17, or, if attending, the one already agreed with the teacher at the time of the frequency.
