13943 - Tourism Legislation

Learning outcomes

The Course aims to provide a general understanding of the system of sources and distribution of regulatory and administrative competences in the tourism field and of all the main private aspects of the subject. In particular, the Course analyses the legal regime of all the different types of tourist companies and organization of tourist packages and so called "all inclusive" services, as well as the general discipline of tourism professions. Moreover, the student will get specific knowledge regarding the contracts relating to the tourism sector, also with reference to liability regimes. The Course will focus also on the legal regime for the ownership of the real estate assets for tourist-recreation purposes and of marine protected areas and marine parks. The student will be able to examine and apply rules, doctrine and case law in the field of tourism to specific cases.

Course contents

Course program:

- from p. 27 to p. 47;

- from p. 48 to p. 57;

- from p. 57 to p. 67;

- from p. 67 to p. 76;

- from p. 77 to p. 84;

- from p. 84 to p. 87;

- from p. 88 to p. 103;

- from p. 103 to p. 116;

- from p. 117 to p. 118;

- from p. 118 to p. 121;

- from p. 124 to p. 129;

- from p. 129 to p. 144;

- from p. 160 to p. 272;

- from p. 273 to p. 301;

- from p. 331 to p. 343;

- from p. 343 to p. 353;

- from p. 353 to p. 359;

- from p. 364 to p. 368;

- from p. 369 to p. 383;

- from p. 385 to p. 417;

- from p. 419 to p. 432.

Students who will have attended at least 50% of the lessons of the first and second part (as better explained below), can prepare the exam with TWO topics of their choice among the following ones:

- from p. 48 to p. 115;

- from p. 117 to p. 144;

- from p. 160 to p. 272;

- from p. 331 to p. 368;

- from p. 385 to p. 417.

The frequency to the Course will be verified through periodic collections of signatures.

In consideration of the contents of the course, it is advisable to attend this course only after having passed Private Law course.

Readings/Bibliography

C. ALVISI, Il diritto del turismo nell'ordine giuridico del mercato, G. Giappichelli Editore, Torino, 2015.

It is relevant to note that students cannot study previous editions of the textbook, since some parts of the program have been significantly changed in order to follow the most recent law reforms. For the purposes of a complete learning of the matter, therefore, it requires the analysis and study of sources updated to 2015.

Teaching methods

The teaching, like the others of the first semester, will be provided according to the methods described on the website of the Department of Legal Sciences.

The Course consists of lectures which will analyze the main topics of the tourism law, in the light of doctrine and case-law.

The course is divided into two parts, one of which, the first, with a duration of 40 hours, held by Prof. Stefano Zunarelli, is dedicated to the analysis of issues related to the maritime state property and the operation of the seaside tourism business; the second, with a duration of 20 hours, held by another teacher, to be identified, is dedicated to the study of the discipline of the hotel industry and tourist packages.

Classes are held in the 1^st semester. Students having acquired the frequency in the academic year 2021/2022 will take the exam starting from January 2022.

Assessment methods

The final exam - if the current legislation will allow it – will be an oral colloquium, intended to test the knowledge of the student, who will be invited to discuss the different legal issues analyzed during the classes. It will be particularly appreciated the ability of the student to identify, among the law sources and bibliography, the useful information necessary to underline the learning and the discussion of the specific features of the subject. The oral examination shall be considered successfully passed if the student is able to answer to 3 main questions related to the subjects of the Course program. It is relevant to precise that the knowledge of the student shall be evaluated on the basis of further questions, aimed to specify some aspects of the main questions. The Commission shall promote the student with excellent marks if the student is able to show a critic and complete vision of the different topics, as well as an appropriate and precise language with reference to the present matter.

The attribution of the final grade will be based on the following criteria:

- 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.

Teaching tools

With reference to attending students, please note that any supplementary educational materials, concerning the topics analyzed during the lessons, will be made available to students in paper format or in electronic format on the website: http://campus.unibo.it/ . Username and password are reserved for students enrolled at the University of Bologna.

Office hours

See the website of Stefano Zunarelli

See the website of Franco Fiorenza