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INTERNATIONAL AND EUROPEAN CONTRACT LAW B Course Sheet Academic Year of enrolment:
Professor and Collaborators:
Hours of classroom activity:
Prerequisites:
Students must master the basics of Private contract law.
Objectives
Contents The Course will focus on the main issues that modern contract law raises in its “supranational” dimension. In accordance with the learning objectives, particular attention is dedicated to the complex set of European and international sources that – in different ways and intensities – influence the general discipline of the contract as well as to the harmonization process that involved it.
It will be analysed the central role assumed by the protection of the so-called "weak party" and its impact on the transformation and evolution of private law.
Extended Syllabus The Course focuses on the following topics:
– the international unification of private and commercial law;
– the projects aimed at harmonizing European contract law: the “acquis communautaire” and the initiatives of the European Union;
– the contract law in its supranational dimension: freedom of contract and limits; essential elements and conclusion of the contract; pre-contractual liability; interpretation and integration; remedies.
–law applicable to transnational contracts.
In particular, having regard to the EU competition law and to the regulatory powers of the independent authorities, particular attention will be dedicated to the characteristics of the “B2C” and “B2B” contracts.
Recommended Bibliography In order to prepare the exam, the following textbook is suggested:
• G.A. BENACCHIO, Diritto privato dell’Unione europea. Fonti, modelli, regole, Cedam, Padova, ult. ed. (limited to Chapters I, II, V, VI, VIII, IX).
In addition, it is recommended to study the normative, doctrinal and jurisprudential materials examined during the lessons (available on request, even for non-attending students, on the Course's cloud storage platform). The aforementioned sources of European contract law can be also found in the book:
• F.P. PATTI, R. SCHULZE, P. SIRENA e R. ZIMMERMANN, Diritto privato europeo. Testi di riferimento, Giappichelli, Torino, 2017, ult. ed. (last edition).
At the beginning of the teaching activity, the students who have opted for the 3 CFU optional Course will be informed about the consequent reduction of the program and about the selection of topics and materials required in order to prepare the exam.
The use of an updated civil code is also fundamental. In this regard, it is recommended:
• G. PERLINGIERI e M. ANGELONE, Codice civile con Costituzione, Trattati UE e FUE, Leggi complementari e Codici di settore, ESI, Napoli, 2020.
Teaching Methods The teaching activity is based on "ex cathedra" lessons. In addition to the frontal teaching, seminars and workshops can be organized.
Evaluation methods Verification of learning:
Consistent with the learning objectives and the expected learning outcomes as well as with the teaching methods adopted, the exam consists in a final oral exam (with a vote in thirtieths).Partial exam can also be programmed (however it is not mandatory and is reserved only for attending students).
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