65064 - PRIVATE LAW

Conoscenze e abilità da conseguire

The course aims at providing the student with a general knowledge of basic principles and concepts of Italian property law, contract law and tort law. At the end of the course the student is expected: - to become familiar with the legal notions of property rights, contractual rights and obligations, the applicable remedies in case of violation of property and contractual rights, as well as the nature and legal consequences of tortious human and entrepreneurial activities. - to understand the importance of protecting and enforcing legal rights and obligations for a fair, cooperative and efficient functioning of our societies.

Contenuti

The main purpose of the course is to provide students with a thorough knowledge of the core concepts of Private Law not only from a national perspective but also from the perspective of the harmonization of European Union Law. The attention focuses on property law, legal obligations, contracts and tort law. The aim of the course is to train students to gradually develop a systematic knowledge of Private Law terminology and logic enabling them to efficiently handle Private Law issues and cases.

Course Contents:

- Key features of European Union Private Law;

- The historical evolution of European Private Law;

- Eropean Private Law and the comparative method;

- The role of the conflict of laws in European private law;

- Competence and European private law;

- Language and terminology;

- European private law by directives: approach and challenges;

- The European Court of Justice as a motor of private law;

- European contract law: the Common Frame of Reference and beyond;

- The way forward in European consumer contract law: optional instrument instead of further deconstruction of national private laws;

- Commercial contracts and European private law;

- European tort law: features of a diverse landscape;

- European Union property law;

- Information obligations and withdrawal rights ;

- Unfair contract terms ;

- Unfair commercial practices and European private law;

- Consumer sales and associated guarantees;

- Product liability;

- Commercial agency in European Union private law;

- EU competition law and European private law;

- Non-discrimination and European private law;

- Financial services in European Union private law.

Testi/Bibliografia

CHRISTIAN TWIGG-FLESNER, The Cambridge Companion to European Union Private Law, Cambridge, 2010.

Metodi didattici

Lessons will be taught by Professor Enrico Al Mureden and by the prospective holder of the second module.

Learning will be stimulated by a continual reference to case law.

 

Modalità di verifica e valutazione dell'apprendimento

The course will be held during the second semester and for students that will satisfy the attendance requirements will be possible to take the full exam in all sessions since May 2021.

The exam will be oral.

The assessment of the interview will be carried out taking into consideration:

• the 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 exposure articulation;
• the accuracy of the exposure.

Registration for the final exam must be done using the Almaesami application ( https://almaesami.unibo.it/almaesami/welcome.htm ).

Students can reject the grade obtained at the exam once. To this end, he/she must email a request to the instructor within the date set for registration. The instructor will confirm reception of the request within the same date.

(Only for integrated courses or for courses with partial exams:)

Rejection is intended with respect to the whole exam, whose grade is the average of the grades obtained in the two mid-terms. If the grade is rejected, the student must retake the full exam (consisting of both parts). The only grade that can be rejected without any communication from the student is the one of the first mid-term: in this case the student can either take the second mid-term or sit the full exam (thus losing the grade obtained in the first mid-term).

Students sitting the first mid-term can take the second mid-term on the first examination date set for the full exam, right at the end of the integrated course, or on the following call. A student can sit the second mid-term only once; if he/she fails or rejects the grade obtained, he/she will have to resit the full exam and will lose the grade obtained in the first mid-term.

 

Strumenti a supporto della didattica

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) 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.

Orario di ricevimento

Consulta il sito web di Enrico Al Mureden

Consulta il sito web di Elena Guardigli