BUSINESS CONTRACTS LAW
- Overview
- Assessment methods
- Learning objectives
- Contents
- Bibliography
- Delivery method
- Teaching methods
- Contacts/Info
No special prerequisites are required. In any case, prior knowledge of the general rules of the contract is recommended.
The examination will be carried out in written form. The written task will include two open-ended questions. The questions may include: description of the general rules relating to a given business contract, analysis of specific issues relating to a given business contract, drafting of contractual clauses based on the models studied and made available to students on e-learning pages, commentary on a contractual text provided by the teacher. The test will take approximately one hour. The final mark is calculated on the basis of an overall evaluation of both questions, according to the following criteria: accuracy and completeness of the content of the answers; ability to identify and qualify the issues; ability to apply the acquired knowledge; ability to identify the applicable remedies; ability to relate the topic to concrete examples; proper use of technical-legal language and ability to explain the reasoning in an organised and coherent manner.
Only students regularly enrolled will be admitted to take the exam.
The result will be in thirtieth. The test will be considered passed with a score of at least 18/30. Praise will be awarded for a correct and complete answer, characterized by personal elaboration. Examination method and program are the same for attending and non-attending students.
There are no intermediate tests during the course.
With reference to knowledge, the course aims to provide students with the knowledge relating to the regulation of the main business contracts and the most common contractual clauses.
With reference to skills, the course aims to provide students with the critical tools necessary to identify and solve the main legal issues related to business contracts and, in particular, to understand, interpret and draft a contract text in the field of business contracts.
At the end of the course, students will be able to:
•have a good knowledge of the main contractual models used in business practice
•analyze and interpret a contractual text
•have a good knowledge of the appropriate terminology
• identify the main problems underlying business negotiations
• draw up non-complex contractual texts
The course deals with the following subjects, (taken from the reference book's table of contents):
A) PART I: BUSINESS CONTRACTS
Section 1: Freedom of contract, types of contract and standard trade terms (Chapter I-and Chapter IV) (7 hours)
B) PART II: CONTRACTS FOR THE PRODUCTION AND USE OF GOODS AND SERVICES
- Contract (Chapter VIII, IX) (3 hours)
- Factoring (Chapter XI) (3 hours)
- Subcontracting (Chapter XII) (3 hours)
- Lease (Chapter XIII, XIV) (3 hours)
- Leasing (Chapter XV) (3 hours)
C) PART III: CONTRACTS FOR THE CIRCULATION AND MANAGEMENT OF GOODS AND SERVICES
- Supply (Chapter XVIII) (3 hours)
- Mandate and Commercial Agency Contract (Chapters XX and XXIII) (3 hours)
- Brokerage (Chapter XXIV) (3 hours)
- Franchising (Chapter XXV) (3 hours)
D) PART IV: COLLATERAL CONTRACTS
- Guarantee (Chapter XXX) (3 hours)
- Performance Bond (Chapter XXXII) (3 hours)
Examination method and program are the same for attending and non-attending students.
Reference book: I contratti per l’impresa, volume I, Produzione, circolazione, gestione, garanzia, a cura di Gitti, Maugeri, Notari, ed. il Mulino, Bologna, 2012, with reference to parts and chapters mentioned in the “Course Content “ section.
An updated edition of the Italian civil code is essential, as well as the most relevant legislative acts.
Materials (such as contractual schemes, Court decisions) will be distributed during lectures.
Further material will be made available on e-learning with reference to specific topics.
Lectures (40 hours) in Italian, aimed at analyzing the main aspects of the most common business contracts and the problems related to them.
Contractual texts will be also studied and analyzed in the light of the rules and concepts examined
The purpose of the lectures is to facilitate interaction with the students present, who, after the teacher's explanation, can ask questions about the topic and formulate observations and critical remarks.
Office hours: according to the calendar published on the Department's website (Home page docente) or by appointment by contacting the teacher at the following email address: alba.fondrieschi@uninsubria.it