Catalogo dei Corsi di studio

The course " Trading and Business Contracts - Cases and applications " aims at enabling students, through the analysis of judgments of Italian and European courts, to analyze concrete acts of the negotiation process (proposal, acceptance, irrevocable proposal , offer to the public, option, preliminary, etc.) and the analysis of individual assets of trust (trusts, liquidation trusts, trustee contracts, destination constraints, mandates, post mortem mandates, assets dedicated to a specific deal, , foundation), the acquisition of competences suitable to enable the preparation of both the relevant acts in the contract formation process and the contract of destination.

Programme

The general principles of the contract and the general principles of consumer law (Contract in general, consumer and professional, consumer education and information, advertising, business practices and other communications).

Negotiation techniques (proposal and acceptance, proposed start of execution, contract with obligations of the only proposer, real contracts, contracts concluded for forms, vexatious clauses, unfair terms, distance contracts and contracts negotiated away from business shops).

The tools of articulation of the patrimony of the person. In particular, the Trust, the constraints of destinations, foundations, assets and destinated assets . The analysis obviously requires, especially with respect to the trust to consider foreign disciplines. Obviously, an important attention must also be paid to the fiscal profile of the tools for articulating personal assets.

Adopted texts

Attending students:
1) Teacher's assay integrated with the lessons

2) Rights and protections of consumers, edited by G. Recinto, L. Mezzasoma, S. Cherti, Naples, Italian Scientific Editions, 2014, limited to the following chapters: Chapter I, Consumer and Professional; Chapter III, Advertising commercial practices and other communications; Chapter IV, The unfair terms in contracts between professional and consumer; Chapter V, The nullity of protection; Chapter VII, Distance contracts and contracts negotiated away from business shops; Chapter IX, Consumer credit; Chapter XI, The protection of the tourist-consumer; Chapter XII, The contracts of online commerce.

3) In the study and preparation of the exam it is essential to consult an updated civil code, which students are invited to bring to the classroom during the lessons.
The Civil Code is recommended by A. Di Majo di Giuffré publisher.

Bibliography

Students not attending: 1) Rights and protections of consumers, edited by G. Recinto, L. Mezzasoma, S. Cherti, Naples, Italian Scientific Editions, 2014, limited to the following chapters: Chapter I, Consumer and Professional; Chapter II, Consumer education and information; Chapter III, Advertising commercial practices and other communications; Chapter IV, The unfair terms in contracts between professional and consumer; Chapter V, the nullity of protection; Chapter VI, The sale of consumer goods; Chapter VII, Distance contracts and contracts negotiated away from business shops; Chapter IX, Consumer credit; Chapter X, Timeshare; Chapter XI, The protection of the tourist-consumer; Chapter XII, The contracts of online commerce; Chapter XIV, Responsibility for damage from defective products. 2) Asset allocation contracts, edited by R. Calvo and A. Ciatti, Torino, Utet, 2014, limited to: Chapter I, Section I, Freedom to dispose and type of real rights; Chapter I, Section II, The trust agreement; Chapter II, Section I, The patrimonial fund; Chapter III, Section I, Testamentary Trust; Chapter III, Section IV, The testamentary trust; Chapter IV, Section I, The legacy of non-profit legal persons: the foundation; Chapter IV, Section II, Patrimonies destined for a specific business; Chapter V, Section I, The transcription of the deeds of destination. 3) P. PERLINGIERI, Civil Law Manual, 8 ed., Naples, Italian Scientific Editions, 2017, limited to pp. 443-467 and pp. 512-533. 4) Contracts for the sale, procurement, leasing and surety can be studied from the text used for the preparation of the commercial law exam. 5) V. BARBA, Destination testamentary disposition, in Foro napoletano, 2016, pp. 325-351. 6) V. BARBA, Post-mortem trading and destination effects. Interference with the discipline of protection of legitimacy: the reduction of indirect liberties, in Rivista di diritto privato, 2016, pp. 49-84. 7) V. BARBA, Leveraged buyout (Voice), in Dictionaries of private law promoted by N. Irti, Civil Law, edited by S. Martuccelli and V. Pescatore, Milan, 2011, pp. 971-978. 8) A. FACHECHI, ​​Rent to buy and variability of the applicable discipline, in Review of civil law, 2016, pp. 97-134. 9) In the study and preparation of the exam it is essential to consult an updated civil code, which students are invited to bring to the classroom during the lessons. The Civil Code is recommended by A. Di Majo di Giuffré publisher.

Prerequisites

Institutions of private law and commercial law, with particular regard to the formation of the contract and its procedures, the legal method of interpretation and special contracts (such as the sale, the lease, the mandate), available in any manual of private law and commercial law as long as it is up to date.

Exam modes

The rating took place in oral test mode, in which from a general topic, basically the object of the exercises, we passed into the analysis of more specific aspects related to the teaching program.The achievement of the expected learning outcomes is certified by passing an exam with evaluation in thirtieths. The exam is considered passed with the minimum grade of 18/30. The exam consists of an interview lasting about 20 minutes, with questions and discussion on the methodological contents indicated in the teaching program and on their practical applications. This interview is aimed at ascertaining the level of knowledge and understanding achieved by the student, as well as the communication skills (through using the appropriate terminology) and the ability to apply what has been learned through references to the italian social and legal situation.
For attending students only, preference was given to the topics covered during the lessons.