78356 - Principles of Private Law in Business

Academic Year 2019/2020

  • Docente: Paola Manes
  • Credits: 8
  • SSD: IUS/01
  • Language: English
  • Moduli: Caterina Del Federico (Modulo 1) Paola Manes (Modulo 2)
  • Teaching Mode: Traditional lectures (Modulo 1) Traditional lectures (Modulo 2)
  • Campus: Rimini
  • Corso: First cycle degree programme (L) in Economics of Tourism (cod. 8847)

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.

Also, the course, in the second and monographic part, will cover some legal aspects of:

  • the regulation of financial conglomerates;
  • the multi-level and multi-source pattern of the normative framework;
  • the fundamentals of Corporate Governance and Corporate Compliance in financial institutions;
  • special features of banking and insurance industries in the light of systemic risk;
  • the new regulation of insurance market under Solvency II Directive;
  • the effects and features of the global financial crisis of 2007-08;
  • banking and insurance contracts;
  • basic notions of Risk Management and Compliance.

Some insights on data protection and privacy issues in commercial litigations will also be provided, as well as a special insight devoted to Fintech, Insurtech, smart contracts and blockchain.

Readings/Bibliography

Mandatory: Mads Andenas, Renzo G. Avesani, Paola Manes, Francesco Vella, Philip R. Wood, Solvency II: a dynamic challenge for the insurance market, 2017;

NON ATTENDING STUDENTS: pp. 16- 31; Chapter II, III, IV and VII.

ATTENDING STUDENTS: pp. 16-31; Cap.II pp. 49-56, ch. III: pp 79-85; ch. IV.

 


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, as well as on a final exam.

Attending students: closed book written exam on the slides uploaded on the on line materials. The written exam consist in 10 multiple choice questions and every correct anwer counts 3 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 in 15 multiple choice questions tackling the following chapters of the book "Solvency II: a dynamic challenge for the insurance market"; pp. 16-31; Chapters: II, III; IV, VII.

 

 

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.

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

SDGs

Responsible consumption and production

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.