10432 - International Commercial Law

Learning outcomes

At the end of the course the student is able to understand the international contracts and the principles that govern them. At the end of the course the student is able to understand the international contracts and the principles that govern them. In particular, it is able to examine the typical international distribution agreements, also from the point of view of the effects of the antitrust discipline, the joint venture agreements, contractual and corporate, aimed at the internationalization of the company and the choices made possible on different occasions. In this perspective, the contracts normally agreed upon to conclude the agreement are also analyzed, including in their drafting in English.

Course contents

In the digital economy era, where international commerce takes place through communication networks, at the end of the course, the student knows the international, European and national institutional architecture that regulates transport networks and infrastructures Of the essential data for commercial development and acquires the legal knowledge necessary to understand the complexity of the transition from statutory rights bound to territoriality to "boundless" rights to universal vocation. In this perspective, the student learns to use the institutions of contract law, intellectual property and competition law in the perspective of digital markets without physical boundaries and acquires the necessary notions of international, European and national electronic communications law, with particular reference to Networks and communication services, the functions of regulatory authorities, and the position of operators also in terms of market protection.

• International Corporate Law Module (Prof. Lamandini)

1. Introduction to Private and European International Law of Societies
2. The relationship between European primary law, European secondary law and Member State law
3. Direct investment and portfolio investment between the right of establishment and the free movement of capital
4. Free movement of capital, right of establishment and special rights in favor of the State: from golden share to golden power
5. European harmonization of Member States' law on company law: general profiles
6. European harmonization of the right of capital companies: organizational profiles
7. Cross-border mergers in the light of Directive 2005/56 / EC
8. European society

• Electronic Communications Law Module (Prof. Dalle Nogare)

1. The underlying reasons for regulation in the electronic communications sector
2. The relationship between ex ante regulation and antitrust ex post control
3. The first phase of Community communications law
4. The second phase of electronic communications law
5. The role of ANRs
6. The 2009 legislative bill: the third phase of the law on communications
7. Relevant markets
8. The typical remedies in wholesale markets
9. The remedies procedure - market analysis

Readings/Bibliography

• M. Benedettelli, M. Lamandini, Diritto societario europeo e internazionale, UTET, 2016, chapters 1, 2, 3, 4, 6, 7, 11 and 14.
• F. Dalle Nogare, Regolazione e mercato delle Comunicazioni elettroniche, Giappichelli, 2019, chapters 1, 2 and 3.
  

Teaching methods

Lectures with slides available on AMS Campus. The use of these materials in study and preparation for examination is to be considered as complementary and not substitute for the use of the manuals indicated.

There will be testimonies of experts of recognized reputation in the field.

Dr Francesca Pellegrini will hold an optional seminar, but integrated into the course, of Foundations of European Commercial Law.

The lawyer Pierluigi Morara will hold an optional seminar, but integrated into the course, of international contract law.

Assessment methods

Oral examination to ensure the understanding of the institutes.

To subscribe to the exam, you must sign up using the AlmaEsami application, with due regard for the deadlines provided. Those who failed to sign up by the due date are required to report in a timely manner (and in any case before the official closing of the enrollment lists) the problem with the teaching secretariat. It will be the faculty of the professor to admit those who did not sign up for the test.

The verbalisation of the evaluation is done on the date set and indicated in Almaesami.

Teaching tools

Slides, notes and judgments available on AMS Campus.

If necessary, contact Dr. Francesca Pellegrini at the email address francesca.pellegrin7@unibo.it

Office hours

See the website of Marco Lamandini

See the website of Fabrizio Dalle Nogare