CONTRACT LAW

Single discipline educational activity

Course Sheet

Course code:

00014L

Academic Year of enrolment:

2018

Year of supply:

2018/2019

Type of Course:

Related/Supplementary

Degree:

Course of 2nd Cycle Degree in ECONOMICS AND COMMERCE

Disciplinary Sector:

Private Law

Language:

Italian

Location:

PESCARA

Credits:

Programme Year:

Professor and Collaborators:

CAROTA Lisia

Cycle:

Second semester

Hours of classroom activity:

Individual study hours:

102

Prerequisites:

Having taken the exam of Private Law

Objectives

The course, in order to ensure the legal skills of the private law necessary for understanding the dynamics of the economic-financial system – thus ensuring knowledge that can be used to analyze and interpret the complex and multidimensional phenomena related to micro and macro economic decisions -, intends to consolidate and deepen the knowledge of the regulations on the contract in general and contractual source obligations; allow the acquisition of critical analysis tools in the contractual field; take possession of the foundations of contractual technique.
At the end of the course, the student must :
-have acquired a high degree of knowledge of the Italian Civil Code discipline on the contract in general and on the contractual source obligations and be able to move easily within the code itself;
-be able to reconstruct the contractual rules critically, taking into account the role played by the jurisprudence in the interpretation of the rules;
- know the role of the contract ande the function of contractual autonomy in the global economy;
- be able to identify, with reference to concrete contractual models, the related legal issues, the applicable rules and possible solutions, expressing himself coherently and using the specific technical language.

Contents

The course, in order to allow the student to understand, interpret and control the main economic and financial phenomena also framing them from a legal point of view, thoroughly analyzes the discipline of the contract, an instrument which has always been essential for the conduct of business and used in the present time as well as in the composition of special interests also for the protection of general interests.
Moving from a historical overview of the concept of contract, the course deals in detail with the Italian Civil Code on the contract in general and the contract in the global economy, focusing in particular on the current function of contractual autonomy.
It analyzes the contract as a source of obligations and deepens the themes of the adequacy of the contractual exchange and of the contractual good faith.

Extended Syllabus

The contract and the private autonomy. – The contract as a source of obligations. – The requisites of the contract. – The declaration of the parties. – Subject matter. – Object. – Form. – Condition and transaction period. – Translational effect of the contract. – Multilateral transactions. - Validity and invalidity. – Nullity. – Voidability. – Actions of nullity and voidability. – Sham transactions and appearances. – Agency. – Interpretation and classification. – Fiduciary transactions. – Effects of the contract. - Discharge of the contract. – Adequacy of the contract exchange. – Duty of good faith and abuse of the right. – Unilateral transactions having patrimonial content. The reflection of globalization on law: from the old to the new lex mercatoria; the national law of others; the contract instead of the law; the judge instead of the legislator; the legal form of the enterprise in the neo-industrial economy; globalization and legitimacy.

Recommended Bibliography

1) F. Galgano, Il contratto, Cedam, latest edition;
1) F. Galgano, La globalizzazione nello specchio del diritto, Il Mulino, latest edition.
To prepare for the exam is indispensable to use Civil Code, which should also be constantly referred to during classes.

Methods of Provision

Conventional

Teaching Methods

In-person lessons
In-depth seminars on some specific themes can be organized

Evaluation methods

Verification of learning:

The examination will be in an oral format with an evaluation expressed in thirtieths.
The test, through questions related to the contents of the course, is aimed to ensure: the in-depth knowledge of Contract Law in the civil code; the acquisition of critical analysis skills in the contractual context also through the consideration of jurisprudential interpretation; a comprehension of the role of the contract and of contractual autonomy in the global economy; the ability to use the knowledge acquired in the formulation of concrete contractual models; the ability to master the technical-scientific language of the subject.
The application for the examination will be available via information system Ateneo.

Contacts/More Information

Dissertation. The dissertation must be handed in to the Professor with ample time ahead of the deadline for its delivery to the secretary office.
Contacts.
Email: lcarota@unich.it
Day and time open to students:
Thursday 9:00am - 11:00am (during course periods, before or after the lesson taking place on Thursday).

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

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