77979 - Product Safety and Safety of Services Civil Law

Learning outcomes

The main purpose of the course – within an overview of the current Private Law system – is to enable students to efficiently handle civil law fundamental issues.

The course will present an analysis of the most recent jurisprudence on tort law, aimed at underlying its contribution to the creation of new concepts of civil law due to the incorporation of EU directives into the Italian law.

The teaching method, also supported by seminars and research, will be continually focused on case law.

Consequently, the primary aims of the course are:

- to provide students with a thorough knowledge of one of the core concepts of Private Law (Tort law);

- to highlight its relations to Constitutional and European principles implemented into state laws;

- to acquire a critical approach to the analysis of doctrine and jurisprudence.

Course contents

During the first semester a complete overview of contract law will be provided.

The second semester will focus on the contract of sale.

Through trial simulations, laboratories, case analysis and research activities, students will actively participate in the course and they will be able to acquire a better understanding of contract law issues. For this purpose the course will offer a trial simulation.

Attending the course students should establish a strong foundation in the major civil law issues. Specific attention will be given to the identification of the key guidelines needed to deal with contracts and sales, within the footprints of the sistemic evolution of market regulation through contract rules and remedies.

Part 1 - Contract Law

Part 2 - Sale and sales (sale, in general; specific sale rules)

Readings/Bibliography

A thorough re-reading of the general rules on the law of obligations is essential. 

In this regard, F. Galgano, Manuale di Diritto privato, Padova (the last available issue, and the relevant chapters), is the reccomended text, since it provides the appropriate framework of the foundations of the above mentioned topics.

The other textbooks to be studied are:

- A. Cataudella, I contratti. Parte generale, 4a ed. (o più recente), Giappichelli, 2014, entirely;

-A. Luminoso, La compravendita, 9a ed. (o più recente), Giappichelli, 2018), limitatamente alle seguenti parti: Capp. I, II, III, IV, V (Introduzione, sez. I, sez. II, sez. V, sez. VIII, sez. IX, sez.), VI, VII, IX, X.

For students which need credits integrations:

1 CREDIT: A. Luminoso, La compravendita, 9a ed. (o più recente), Giappichelli, 2018, Cap. VII.

2 CREDITS: A. Luminoso, La compravendita, 9a ed. (o più recente), Giappichelli, 2018, Capp. VI e VII.

3 CREDITS: A. Luminoso, La compravendita, 9a ed. (o più recente), Giappichelli, 2018, Capp. I, II, III, IV e IX.

4 CREDITS: A. Luminoso, La compravendita, 9a ed. (o più recente), Giappichelli, 2018, Capp. I, II, III, IV, IX e X.

5 CREDITS: A. Luminoso, La compravendita, 9a ed. (o più recente), Giappichelli, 2018, Capp. I, II, III, IV, VI.

6 to 12 CREDITS: A. Cataudella, I contratti. Parte generale, 4a ed. (o più recente), Giappichelli, 2014, entirely, and a selection of chapters from di A. Luminoso, La compravendita, 9a ed. (o più recente), Giappichelli, 2018 to be agreed upon with Prof. Martino,

 

Teaching methods

Lessons will be taught by Professor Marco Martino and by two lecturers, for a limited segment of the course content.

During the first semester, lessons will be delivered both in presence and on-line, via internet connection, according to UNIBO prescriptions.

The analysis of case law may be supervised by tutors also.

The teaching method combines lectures and work groups aimed at stimulate students learning.

During lectures, course contents will be explained with a particular attention to case law.

Attending students will be able to study cases through small working groups where they will be able to produce their own solution to cases.

Students will be offered the opportunity to take part in a trial simulation during the first and the second part of the course, as a conclusion of the case law analysis.

 

Assessment methods

The course will cover the entire academic year and for students that will satisfy the attendance requirements will be possible to take the exam in all sessions from May.

The assessment of the interview will be carried out taking into consideration:

• the knowledge of institutional profiles;
• the ability to analyze the jurisprudential and doctrinal guidelines;
• the ability to make connections between the different parts of the program;
• the ability to develop critical arguments;
• the exposure articulation;
• the accuracy of the exposure.

Registration for the intermediate exam can be made through a special list that will be distributed at the end of the first cycle of lessons.

Registration for the final exam must be done using the Almaesami application ( https://almaesami.unibo.it/almaesami/welcome.htm ).

Student that will effectively attend - via an assessment method to be decided at the beginning of the course - the scheduled course hours will have the possibility to take an oral exam on the first part of the program by the end of the first semester. The evaluation of this exam will interact with the final grade and the final exam will only cover the second part of the program, as long as the attendance requirements will be maintained.

The final evaluation will be graded considering the following criteria:

preparation on most of the topics of the exam program, but with limited analytical skills, such as to require the explanatory intervention of the teacher; correct language, but without technicality: 18-21;
preparation on the whole exam program, with autonomous analytical skills, even if not in depth, ccorrect language, but without technicality: 22-24;
preparation on the whole exam program, with autonomous and in-depth analytical skills, correct and sufficiently technical language: 25-27;
preparation on the whole exam program, with independent and in-depth analytical skills, good mastery of language of technical language: 28-29;
preparation on the whole exam program, with independent and in-depth analytical skills, excellent mastery of language of technical language: 30-30LStudents are allowed to take the Civil Law examination only after having taken Private Law and Public Law.

Degree thesis

The degree thesis will be assigned by Prof. Marco Martino after an interview.

Students will be supervised by a tutor provided by Prof. Marco Martino

Teaching tools

Lessons in the first semester are to be delivered pursuant to UNIBO guidelines

Some of the topics covered in class may be explained through slides representing logical connections between private law topics in order to facilitate learning. Other supporting materials (legal cases, documents, legal texts, slides) will be made available to students on the website.

Students which need compensatory tools for reasons of disability or Specific Learning Disabilities (SLD) will communicate to the teacher their needs so as to be directed to the dedicated person and arrange on the adoption of the most appropriate measures.

Erasmus students can ask to the Professor adjustment of the program according their learning agreement.

Office hours

See the website of Marco Martino

See the website of Carlotta Ippoliti Martini

See the website of Elena Guardigli