INTERNATIONAL AND EUROPEAN CONTRACT LAW B

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

General Module

Course Sheet

Course code:

428LB

Academic Year of enrolment:

2019

Year of supply:

2019/2020

Type of Course:

Elective Course

Degree:

Course of 2nd Cycle Degree in LEGAL SCIENCES FOR INTERNATIONALISATION AND BUSINESS INNOVATION

Disciplinary Sector:

Private Law

Is part of:

INTERNATIONAL AND EUROPEAN CONTRACT LAW

Location:

PESCARA

Credits:

Programme Year:

Professor and Collaborators:

ANGELONE MARCO

Cycle:

First semester

Hours of classroom activity:

Individual study hours:

Prerequisites:

Students must master the basics of Private contract law.

Objectives

In order to achieve of the general learning objectives of the Degree Course, the Course provides the students a complete and updated picture of the European and international contract law, outlining the development trends (both in a historical and in a future perspective) and outlining the contents of the hard/soft law rules that guide it. At the end of the learning process, the student must demonstrate the acquisition of knowledge and skills useful to operate as transnational commercial legal experts and independently solve the concrete cases and the legal problems raised by the bargaining that takes place in the European and global markets.

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).

Contacts/More Information

None.

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

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