78356 - Principles of Private Law in Business

Learning outcomes

The course is aimed at introducing the general knowledge of private law in the light of its business and commercial perspective and at providing the fundamental guidelines for examining case law related to those topics. The course is divided into two parts: the first, general and introductory part is devoted to the sources of private law and to general institutions of private law (such as property law, law of contract, basic notions and structure of international contracts, law of legal bodies, law of obligation, trust law); the second part is specifically dedicated to the analysis of contractual and non contractual transactions having a significant impact both on domestic and international scenario: guarantees, trusts, insurance contract, banking and insurance regulation, big data, Fintech, Insurtech e blockchain. This course will help student to acquire ability with the use of basic legal principles necessary to business operators acting at the national and international level and the ability to understand the rules of private law and to apply them to resolve legal problems.

Course contents

The course will provide, in the forst and genaral part, an overview of the different approaches available to identify the rules governing cross-border commercial relations, given the existence of relevant differences in domestic legal systems. In this respect, it will provide an overview of:

• the topic of international contracts;
• arbitration;
• trust and property;
• banking guarantee; 
• law and tech;
• privacy and GDPR;
• personal rights in the information society;
• private law issues and technology.
  

 

Readings/Bibliography

Alpa- Zeno- Zencovich, Italian Private Law, Routledge, 2007;

NON ATTENDING STUDENTS: pp.1-18; 19-26; 29; 41-46; 79-83; 93-100; 107-118; 157-177; 214-225; 231-233.

ATTENDING STUDENTS: 9-10; 29; 41-46; 107-112; 157-161; 200-203; 214-222; 231-233.

Suggested: Sirena, Introduction to Private Law, Il Mulino, 2019

NON ATTENDING STUDENTS: Chap. 1: par. 1, 2, 3, 4; Chap. 4; Chap. 6; Chap. 8.

Teaching methods

The class format will combine a short lecture-style introduction and subsequent discussion. A Socratic method will primarily be adopted and Students are thus expected to prepare for and to participate in individual or group class discussions on a regular basis.

The course is also based on a case law method.

Assessment methods

Attending students’s grades will be based on participation to class discussion with a mandatory presentation of a case, as well as on a final exam.

Attending students: case presentation in class and closed book written exam. The written exam consist of 5 multiple choice questions and every correct answer counts 6 points.

Attendance will be checked through daily requirement to sign-in.

Non attending students’s grades will be based on a written exam. The closed book written exam (30 mm.) will consist of 15 multiple choice questions.

Every correct answer counts 2 points, every missing or wrong answer counts 0 points.

Only the students that correctly answer at least 9/15 questions will pass the exam.

 

Grade rejection

Students can reject the grade obtained at the exam. To this end, he/she must email a request to the instructor within the date set for registration.

Teaching tools

Excerpts, handouts, slides, contracts, case law, papers to be found on the online materials. Videos, clips and movies watched in class.

Students needing compensatory tools due to disabilities or learning disabilities (SLD) should inform the Professor about their necessities. Therefore, they will be addressed to their referent to arrange the adoption of the proper devices.

Office hours

See the website of Paola Manes

See the website of Caterina Del Federico