10004 - Advanced Commercial Law

Learning outcomes

During the course, the student will analyze in particular the role of negotiating autonomy, both in the preparation of the content of contracts typical of the commercial enterprise (e.g. mandate, sale against documents through a bank, tender, securities guarantee without dispossession), and in the genesis of atypical contracts (e.g. performance bond, sale and lease-back, sale under guarantee, mandate to collect); he will then examine the contractual models widely used in domestic and international commercial and banking practice, also in order to learn the drafting technique. Fundamental, therefore, will be the legal analysis of business negotiation and its difference with the civil and isolated one. At the end of the course, the student will also acquire knowledge of the general discipline of commercial contracts and of some types of negotiations in the context of the banking business.

Course contents

The contract in the Civil Code of 1942.

The business negotiation. The problem of individual autonomy and business autonomy in the codification model and business practice.

Credit protection in the Civil Code and in banking and commercial practice. International bargaining.

Special section. Individual contracts:

Surety. Omnibus and first request surety.

Autonomous contract of guarantee and insurance policies.

National and international documentary credit.

Stand-by letter of credit. Export credit. Full silent guarantees.

The non-holding pledge. The revolving pledge and the rotation clause.

International payments.

Readings/Bibliography

From Fondamenti del diritto commerciale internazionale – Volume 2, il capitolo II: Garanzie bancarie e crediti documentari nel commercio internazionale.

Pacini giuridica, 2019.

Non attending students:

In addition to the volume indicated above, we recommend reading the volume by G. B. Portale, Le garanzie bancarie internazionali, Giuffrè, 1989.

Teaching methods

Frontal lesson with the aid of slides.

Assessment methods

During the health emergency period, and as long as the exams are in blended mode, the examination procedure will be in written form, by means of cross-check quiz.

Profit votes are regulated as follows:

• <18 insufficient

• 18-23 sufficient

• 24-27 good

• 28-30 excellent

• Excellent 30 cum laude

Teaching tools

Slide and didactic material provided by the teacher.

Office hours

See the website of Giovanni Battista Barillà