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Freie Universität Bozen

Wirtschafts- und Vertragsrecht

Semester 2 · 42602 · Berufsbildender Bachelor in Holztechnik · 6KP · IT


Current sources of contract law. The contract agreement and the contractual relationship. Contracts between professionals (B2B) and contracts between professionals and consumers (B2C): different rules for the two kinds of relationships. Standard contracts and unfair terms. Unfair commercial practices.
The choice of the law applicable to international contracts.
Contract of Sale. International Sale and the Vienna Convention on international Sale of Goods.
Internet contracts. General contract law and special rules for the electronic commerce.
Interests on debt and interest agreements. Credit and debt operations: assumption of debt and novation. Assignment of credit and assignment of contract.
Credit guarantees. Collateral securities and personal securities, bonds. Guaranties in international contracts.
The regulation of firm networks.
Dispute resolutions: traditional and alternative methods. Arbitration and mediation; compulsory mediation.

Lehrende: Laura Valle

Vorlesungsstunden: 36
Laboratoriumsstunden: 4
Anwesenheitpflicht: Attendance is not compulsory

Unterrichtsform
Frontal lectures. Power point presentations will be used during the lectures. They are used as a support for the lectures and not learning materials for the individual study.

Bildungsziele
The course refers to the educational activities chosen by the student and belongs to the scientific area of Law. The course aims to let students achieve a professional knowledge on the legal tools used in the contractual relationships of commercial and financial firms, and other institution and organization as well. The topic interested will also be studied looking at cases and judicial decisions.Knowledge and understanding: • Knowledge of the contract law with reference to economic relationships. • Understanding of the legal sources relating to the contract law system in the European, national, regional and international context. • Knowledge of the contract law of the commercial relationship with reference to business to business and business to consumers relationships, with regard also to online contracts. . Applying knowledge and understanding: • Ability to search and use of the sources of contract law in the national, European, and international contexts. • Ability to support private and public entities through the knowledge of the rules of contract law. • Ability to analyse case law. Making judgments Ability to find and understand the political, economic, philosophical grounds of the rules of law. Ability to find and apply the knowledge of the appropriate contract law rules to cases. Communication skills Ability to present the legal notions acquired during the course using a proper technical language. Learning skills Developing skills of learning, interpretation and evaluation necessary to continue the studies with a high degree of autonomy.

Art der Prüfung
The course grade will be based on the final written exam. The final exam consists of 4 open questions with sub-questions. Students can choose at free choice to prepare a presentation on a topic agreed with the Professor, which could improve the grade of the final exam of a maximum of 2 points.

Bewertungskriterien
The course grade will be based on the final written exam. Relevant for the assessment of the written exam: clarity of the answers, mastery of language (knowledge of the legal technical language, and grammatical and logic mastery of language), ability to summarize, evaluate, and establishing relationships between topics.

Pflichtliteratur

Reference books:

 

Galgano, Diritto privato: capp. 12, 13, 14, 15, 16, 17, 18, some topics also from chap. 10 e 11.

 

About contracts drafting: Gatt-Cimmino-Mollo-De Crescenzo, Tecniche di redazione degli atti giuridici, Il contratto, Unisob Press, 2023, pp. 19-35, 53-66

 

About consumers law: I contratti del consumatore a cura di Capilli:

Introduzione: leggere, studiare parr. 5 e 6

Cap. 1: studiare parr. 1 e 2

Cap. 2: studiare parr. 1, 3, 3.1, 4, 4.1, focus: la figura del prosumer

Cap. 3: studiare tutto

Cap. 4: studiare tutto

Cap. 5: studiare tutto                

Cap. 6: studiare fino al par. 8 compreso e par. 13 e 13.1

About unfair commercial practices: Febbrajo, Manuale di diritto dei risparmiatori e dei consumatori.

 

About internet law: Quarta-Smorto, Diritto privato dei mercati digitali: cap. 4; qualche par. del cap. 3 su piattaforme digitali (alternatively, Pascuzzi, Il diritto dell’era digitale, ult. ed. 2020).

 

A Civil Code 2024 is essential both during the lectures attendance and for the preparation of the final examination (see among others De Nova, Zanichelli publisher; or Hoepli publisher).

A detailed syllabus of the lectures will be available on the Reserve Collection. 




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