DIRITTO DEI CONTRATTI D'IMPRESA

1. Knowledge and understanding. The course aims to provide a deeperunderstanding of the institution of the contract in general in the current socio-economic and regulatory environment, with primary regard to certain profiles of discipline to business contract  (consumer contracts and unfair; duties of information and pre-contractual liability; trust, sales of consumer goods, subcontracting and abuse of economic dependence, distributorship, financing, guarantee, insurancee contracts) that may be of interest to a more modern business management activities and which express and / or direct implementation of Community regulation matter.

2. Applying knowledge and understanding. The course aims to enable the students to acquire specialized knowledge and adequate mastery of the instruments and contractual mechanisms, adapting them to the business activity and to its operational framework of reference. Such knowledge and mastery, aimedat the ability to apply to real situations principles and rules governing the subject matter of the study, will be progressive lyen hanced from the critical analysis of the various cases and their systematics in the context of the contractual as well as from use of legal language technically and professionally appropriate.

3. Making judgements. he student will be placed in a position to elaborate on key critical-reconstructive knowledge gained improving them constantly through reflection and study in order to achieve full and independent judgment and choice on the practical and operational. In this regard, it will be essential the constant reference to the evolution of the socio-economic and regulatory-national framework and European case law in contractual matters on which test and evaluate in practice, in the aspect of politics and legislative technique, the effective compliance with the principles of law and equity of the choices made by our legislators and by the Community and implemented by law.

4. Communication skills. At the end of the course, with mastery of legal concepts and the legal framework of the agreement and with an appropriate professional-technical language, the student must be able to transfer to other judgments, proposals and solutions regarding those aspects of the subject contract directly connected with managerial activity, to find adequate opportunities in the world of work.

5. Learning skills. The fundamental review of the learning ability of the student (in its components of knowledge and understanding, judgment and communication) takes place during the course of the training front, appropriately held in a "dialectical", "dialogued" and "participatory"; while its valuation will take place and essentially in terms of a "right" and "necessary" rigor during the final exam.

The teaching is organized in frontal lessons.

PART I

The contractual right of Community source. Contractual autonomy and the general framework of contracts: Contractual asymmetries and unfair.The invalidity in European private law: the nullity of protection. Evolution and legal nature of pre-contractual liability. Sale of consumer goods: aim, the notion of "compliance", guarantee, protection and remedies. The duties of information in the purchase of travel, package tours 'package'; in bargainingat a distance; consumer credit and banking contracts; in the sale of consumer goods and in contracts for trading in financial instruments. "Ius poenitendi". Banking contracts, contracts for trading in financial instruments and informative prospect. Insurances agreements. Unfair commercial practices.

Texts:

A. D'Adda-V. Bachelet, Lineamenti di diritto europeo dei contratti. Contratti asimmetrici del consumatore e d'impresa, Giappichelli, Torino, 2020, First part, Chapters: I, II, III, IV, V;  Second part, Chapter V.

PART II

Collaboration contracts: fundamental notions. Subcontracting: definition, aim and form. Abuse of economic dependence: aim and remedies. Franchising: general framework and aim. Personal guarantees of credit: surety and "garantievertrag".  Network agreement. Trust: concept and types. Trust companies and investment services. Trust and mandate. Trust regulation. The trust and the Hague Convention. Sponsorship. Leasing.

Texts:

A. D'Adda-V. Bachelet, Lineamenti di diritto europeo dei contratti. Contratti asimmetrici del consumatore e d'impresa, Giappichelli, Torino, 2020, Second part, Chapters: I, II, IV, V.

1. Sources of law;
   
2. Standard contracts;
3. Nullity of protection;
   
4. Unfair commercial practices;
   
5. Trust;
6. Sale of consumer goods;
   
7. Network agreement;
   
8. Abuse of economic dependence;
   
9. Insurancee contracts;
10. Franchising; 
11. Subcontracting.