49122 - Contract Law

Learning outcomes

The student analyzes the role of contractual autonomy both in the preparation of the content of contracts and in the creation of atypical contracts. In particular, the student examines contractual models that are largely applied in the practice of business relations, also in order to learn the editorial technique.

Course contents

a) Obligation in general.

- fulfillment and non-fulfillment;

- Discharge of the obligation for reasons other then from performance;

- Circulation and other events of the obligatory relationship.

 

b) Contract in general.

- Defintion and key principles;

- Requirements of the contract;

- Term and Condition;

- Effects;

- Voidness: nullity and annulment;

- Simulation;

- The legal principle of appearance;

- The representation;

- Interpretation;

- Resolution.

Readings/Bibliography

F. Galgano, Il contratto, III ed., Cedam, Padova, 2020 (pp. 1-556) + L. Balestra, Introduzione al diritto dei contratti, II ed., Il Mulino, Bologna, 2021 (pp. 1-89; pp. 205-266).

Teaching methods

Lessons will be delivered by Dott. Carlotta Ippoliti - owner of the Course - and by Dott. Nicolò Cevolani (regular lecturer of a module).

Assessment methods

The essay will focus on topics indicated in the "Program and contents" section.

The evaluation of the test will be carried out taking into consideration:

- Knowledge of institutional profiles

- The ability to analyze the jurisprudential and doctrinal guidelines

- The ability to make connections between the different parts of the program

- The ability to develop critical arguments

- The articulation of the exposure

- Accuracy of exposure

the following criteria will be used to assess the final mark (that will be out of 30/30):

• sufficient or barely sufficient knowledge on the programme, limited reasoning ability, some difficulties in using technical and legal language → 18-21/30;
• fairly good knowledge of the programme, adequate critical reasoning ability, sound use of technical and legal language → 22-25/30;
• comprehensive knowledge of the programme, notable reasoning ability, good command of technical and legal language → 26-29/30;

• extensive knowledge of the programme, very good reasoning ability, and ability to fully master technical-legal language → 30-30L/30.

Students are allowed to take the Contract Law examination only after having taken Private Law and Public Law.

Degree thesis

The degree thesis will be assigned by Dott. Carlotta Ippoliti or by Dott. Nicolò Cevolani after an interview.

Teaching tools

Some of the topics covered in class will be explained through slides representing logical connections between private law topics in order to facilitate learning. Other supporting materials ( legal cases, documents, legal texts, slides) will be made available to students on the website.

Students which need compensatory tools for reasons of disability or Specific Learning Disabilities (SLD) will communicate to the teacher their needs so as to be directed to the dedicated person and arrange on the adoption of the most appropriate measures.

Office hours

See the website of Carlotta Ippoliti Martini

See the website of Nicolò Cevolani

See the website of Patrizia Petrelli