Learning objectives
Aim of this course is to make students aware of the peculiarities of commercial and in general on the specific problems raised by the legal regulation of the economic activities. Its goal its also to clarify the origins, the aims and the fundamental characters of the various institutes of trade law. For this reason, this course is aimed at facilitating a better understanding of current trade law, and is thus particularly useful for the students that are preparing exams on this subject or that want to improve their knowledge of this part of the legal system.
Prerequisites
There's no formal pre-requisite
Course unit content
This course deals with the historical evolutions of trade law. It consists in two fundamentals parts. The first is the general part, studying the respective contribution of public powers and economic operators to the legal regulation of trade. This will be studied in a long term perspective: after having clarified that trade law is a phenomenon which originated during the Middle Ages, with no direct antecedent in the Roman legal experience, we will take into consideration the historical evolution from the great commercial revolution of the 11th century and the Italian Civil code of 1942. We will focus in particular on the concept of ius mercatorum, describing the interacting between this law and the other components of the late medieval and early modern legal experience. The second part will deal in detail in the origin and the evolution on some fundamental institutes of trade law, like corporations, credit contracts and bankruptcy
Full programme
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Bibliography
U. Santarelli, Mercanti e società tra mercanti, Giappichelli Editore, Torino (tutto: 199 pagine)
e A. Monti, Per una storia del diritto commerciale contemporaneo, Pacini Editore, Pisa
(pagine 51-231: 180 pagine)
tot 379 pages
Teaching methods
The course is organized with frontal classes, supported by power point presentations.
Assessment methods and criteria
oral exam with a pre-determined list of questions. The exam will consist in three questions on specific topics discussed during our lessons. Each answer will be evaluated on a scale from 0 to 10, assessing the possess of the fundamental notions of this subject, the reasoning and contextualizing abilities and the property of language of each student. The final mark will be given in thirtieths.
Other information
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