BUSINESS CONTRACTS LAW
No special prerequisites are required. In any case, prior knowledge of the general rules of contract law 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, 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 and interpret 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.
Study materials and textbooks:
- S. Monticelli, G. Porcelli, I contratti dell'impresa, volumi I e II, Giappichelli, 2021, with regard to the topics listed below
- Distribution of Power Point materials available on the course e-learning page
- M. Maugeri, "Subfornitura", in Enciclopedia del diritto, 2015, 775-795, available at the library
- M. Maugeri, Smart contracts e disciplina dei contratti, in Osservatorio del diritto civile e commerciale, 2020, 375-408, available at the library and on the library service database.
The course will cover the following topics:
ELEMENTS OF GENERAL CONTRACT LAW (Power Point material)
CONTRACTS FOR THE CIRCULATION OF GOODS IN THE MARKET (Monticelli, Porcelli, I contratti dell'impresa, vol. I, and Power Point material)
- Supply
- Distribution contracts
- Sales concession
- Franchising
INTERMEDIARY CONTRACTS FOR TRADING GOODS AND SERVICES (Monticelli, Porcelli, I contratti dell'impresa, vol. I, and Power Point material)
- Agency contract
- Brokerage
CONTRACTS FOR THE USE OF ASSETS (Monticelli, Porcelli, I contratti dell'impresa, vol. I, and Power Point material)
- Lease
- Rental
CONTRACTS FOR THE EXECUTION OF WORKS AND SERVICES
- Contract (Monticelli, Porcelli, I contratti dell'impresa, vol. I, and Power Point material)
- Subcontracting (M. Maugeri, "Subfornitura", and Power Point material)
FINANCING CONTRACTS
(Monticelli, Porcelli, I contratti dell'impresa, vol. II, and Power Point material)
- Financial leasing
- Lease-back
- Factoring
PERSONAL GUARANTEE CONTRACTS
(Monticelli, Porcelli, I contratti dell'impresa, vol. II, and Power Point material)
- Surety
- Autonomous guarantees
CONSUMER CONTRACTS
(Power Point material)
SMART CONTRACTS
(M. Maugeri, Smart contracts e disciplina dei contratti, and Power Point material)
Examination method and program are the same for attending and non-attending students.
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: by appointment by contacting the teachers at the following email address: giuseppe.versaci@uninsubria.it.; alba.fondrieschi@uninsubria.it