37294 - Principles of Law

Learning outcomes

By the end of this course students are able to: - assess and interpret obligations and contract rules; - recognize and understand the key principles and rules concerning the functioning of legal systems, states and public entities; - compare different civil law legal systems and common law legal systems; - discuss and solve contractual cases and controversies; - demonstrate skills necessary to understand the impact of public regulations on private activities;

Course contents

This course offers a comprehensive overview of key legal issues concerning the law of contract and obligations both in civil law and common law systems. Students will be equipped with the knowledge of the most important public law principles and rules concerning the role of the State and the public entities in a supranational, international, and global context.

Structure of the course:

1 Introduction

2 Legal systems – Nature and categories

3 Constitutions and constitutional principles

4 The State – population, territory, sovereignty

5 Forms of State – Unitary, federal, regional

6 Forms of State – Unitary, federal, regional

7 Forms of government

8 The sources of law – sources on production and of production, sources on cognizance, act and facts

9 The sources of law – Italian system

10 EU sources of law

11 Legal capacity and capacity to act - Legal and natural persons

12 The concept of properties - The protection of rights under the Civil Code: presumptions

13 The right of ownership

14 Possession

15 Obligations – performance and non performance, several and joint liability, transfer of rights

16 The contract - essential elements

17 The contract - validity, nullity and voidability

18 The contract – Standard trade terms contracts

19 The contract – binding force and termination

20 Sale, Leasing, Contrcat for works and services, Distribution contracts, Electronic commerce contracts

21 Liability of debtors and creditors - Entreprises and organizations

22 UK common law: principles, formalistic and realistic approach

23 UK common law: agreement, offer and acceptance, unilateral offer, mail box rules, battle of forms

24 UK common law: intention to create legal relations, consideration, certainty and completeness, ambiguity , incompleteness and vagueness

25 UK common law: good faith, unfair terms, unconsciability, vices of will and misrepresentations

26 UK common law: performance, non performance and damages

27 Summing up

28 Cases solution

29 Cases solution

30 Cases solution

 

Readings/Bibliography

Required Readings:

R. Wacks, Law - A very short introduction, 2008 or 2015 edition, Oxford

T. Groppi, A. Simoncini, Foundations of italian public law, 2023, Giappichelli, Chapters 1-2, chapter 3 (pp.31-32, paragraphs 1-2), 4, 5, 6, 7, 11.

G.Iudica, P.Zatti, Language and rules of italian private law: a brief textbook, 2020 edition, Woltres Kluwer- Cedam, Padova, Chapter 1 (pp. 1-18), Chapters 2-5 (pp. 25-56), Chapter 6 (57-67), Chapters 8-13 (pp. 79-140), Chapter 14 (pp. 141-150, paragraphs 1-5), Chapter 15 (pp. 153-161, paragraphs 1-8), Chapter 16 (pp. 165-170, Chapter 17, paragraphs 1-3, pp. 171-175), Chapter 18 (pp. 179/200, paragraphs 1-4-); Chapters 19 (pp. 209-216, paragraphs 1-3), Chapters 20-21 (pp. 219-236); Chapters 23-24 (245-258)

Supplementary Readings (Optional):

J. M. SMITS, Contract law - A comparative Introduction, 2021 edition, Edward Elgar, Paperback, PART 1: Chapters 1; 2 (pp. 16-17); PART 2: Chapters 3; 4 (pp. 63-83); PART 3: Chapters 7; 8 (pp.142-152); PART 4: Chapters, 9; 10; PART 5: 11 (pp. 193-203); 12 (pp. 209-211, 214-216, 221-227).

Teaching methods

The main instructional approaches used in the course are:

- Lectures

- Problem-Based Learning

 

Participation of Exchange Students:

A maximum of 20 exchange students (Erasmus, Overseas, etc.) is accepted. FIRST COME, FIRST SERVED logic will be used for incoming students.

Assessment methods

Though not compulsory, class attendance and participation in case analysis is strongly encouraged.

Course evaluation will be different depending on the non-compulsory class attendance and participation, as detailed in the following:

Attending students:

Component Weight (%)

Attendance and Participation 20

Midterm Exam 40

Final Exam 40

Non-attending students:

Component Weight (%)

Midterm Exam 50

Final Exam 50

- Midterm/final structure:

First Half test: 1 hr written exam consisting in 1 open question on public law and 1 open question on private law. The minimum mark to pass is 18/30.

Second Half test: 1 hr written exam consisting in 1 question on italian civil law and in the solution of a case according to Uk contract law. The minimum mark to pass is 18/30.

Full test: 2 hr written exam consisting in 3 questions on italian civil law + solution of a case according to Uk contract law. The minimum mark to pass is 18/30.

The evaluation depends on the knowledge of institutional aspects; knowledge of case law; connections between different parts of the program; debate skills; writing ability; writing accuracy, completeness and right of the answers.

- Exam policy:

Students can attend a mid-term exam (not compulsory) during the break at the end of the first sub-cycle, and then the second mid-term exam at the end of the course. The grades of the two mid-term exams will be averaged to compute the “final written exam” grade.

Those who positively pass the first mid-term exam (i.e. grade equal to 18), have the chance to take the second mid-term exam either in the January or February session. The second mid-term can be taken only once. Therefore, if a student does not pass the second mid-term exam (or opts for a re-take), s/he can attend only total exams from that moment on.

Exams are not open book exams. English dictionaries may be used.

The registration to the exam must be made online.

The test assessment grid will be as follows:

<18 insufficient

18-23 sufficient

24-27 average/good

28-30 very good

30 cum laude excellent/outstanding

Students with disability or specific learning disabilities (DSA) are required to make their condition known to find the best possibile accommodation to their needs.

Teaching tools

Tools, platforms, or resources used during the course:

- Learning platform: Virtuale (virtuale.unibo.it) contains the slides and the team-work assignments

- Presentation software: PowerPoint

- Communication tools: Email; Teams; Forum on Virtuale

Office hours

See the website of Maria Giulia Roversi Monaco