96543 - Private Law and the Global Market (1) (Lm)

Learning outcomes

The course aims at giving the students the main features of private law in business, in relation to commercial transactions in the global arena. Key elements of contract law, international contracts, law of legal entities, company law and IP law will be offered. Insights will be given on the impact of technology on private law and to the protection of individuals in the information society. Students will be given guidelines to allow them to deal with cases involving the fundamental issues of private law in business. At the end of the course students will be able to understand the legal principles involved in domestic and global commercial transactions, to manage the main regulatory framework of private law in the global market, of the new challenges faced by private law vis a vis digital transformation, to draw consequences from the balancing of personal rights and market dynamics and to understand the rationale underlying policymaker’s choices. Students will also be able to evaluate the operative implications of private law rules in the light of the working context.

Course contents

The course program is organized as follows:

• The legal order and the multi-level system of sources
• Competition between legal systems
• The legal flows
• Old and new lex mercatoria
• The historian, the comparative and the positive jurist
• Civil law and common law
• Shopping of the law
• The contract instead of the law
• The judge in place of the legislator
• Private law and nationality of law
• The rules of private individuals and the nationality of the law
• Human rights and digital transformation
• Big data, artificial intelligence and big tech: opportunities, risks and role of the legal rule
• European regulation, ethics and centrality of man: the challenges of artificial intelligence
• Legal rules and inequalities: the gender gap
• The efficiency of legal rules and the economic analysis of law

Readings/Bibliography

F. GALGANO, La globalizzazione nello specchio del diritto, il Mulino, 2005

ATTENDING STUDENTS: capp.1, 2, cap. 3 parr. 3-4, cap. 4 par. 1 + materials and topics of the course.

NON-ATTENDING STUDENTS: capp. 1, 2, 3, cap. 4 parr. 1,2, cap. 5 parr. 1,2,3.

 

ALEC ROSS, I FURIOSI ANNI 20, FELTRINELLI, 2021

ATTENDING STUDENTS: PP. 11-64.

NON ATTENDING STUDENTS: pp. 11-101; 

Teaching methods

The course will combine frontal lessons and the analysis of practical cases. A Socratic method will be adopted and discussion in class will be stimulated.

Assessment methods

ATTENDING STUDENTS: grades will be based half on team presentation in class of a case and half on a final oral exam.

NON-ATTENDING STUDENTS: grades will be based on the oral examination only.

Only the students with authorization can do the exam via Teams.

Teaching tools

Lessons can be accompanied by slides; students may also find useful materials for participation in class by consulting Paola Manes’ website.

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