12310 - Enterprise Law

Learning outcomes

The course is aimed at introduce the student to the italian legal regulation of undertaking and company. In this context, study of legal "types" of collective exercise of the business and therefore, the regulation of companies and corporations, is deepened. The student is also introduced to the knowledge of the concepts and basic rules of competition law and provided fundamental knowledge about the conditions of bankruptcy and other insolvency procedures and the effects of these on the legal positions of the parties.

Course contents

History and sources of commercial law: from the Commercial Code to the Civil Code, the Republican Constitution and European Community legislation - Entrepreneur: definition, categories and regulations - Company: definition - The rules governing the transfer of the business in the Civil Code - Industrial property: a) instruments of differentiation: the distinguishing signs (trade name, trademark, geographical indications and appellation of origin) - b) the protection of innovation: patents and copyright (notes) - the competition among undertakings: a) the discipline of the unfair competition (art. 2598 cc). - Business integration and collaboration among enterprises : consortia and business networks - Companies - partnerships: types and discipline - corporations: types and discipline - the transformation of partnership into compnies and vice versa- cooperative companies in the Civil Code: the mutualistic purpose, financial structure, organization and controls - Control and connection between society: the Group of Companies in the Italian Civil Code.

Readings/Bibliography

Limited to parts of the program described in the section course contents of these Web Guide, the reading the following books is suggested

1) Campobasso, Manuale di diritto commerciale, Utet, Torino, 6° ed., 2015

or, alternatively

1) Vella-Bosi, Diritto dell'impresa e dell'economia, Il Mulino, 2014

and

2) Presti-Rescigno, Corso di diritto commerciale, vol. II, le Società , Zanichelli, sesta edizione.

Teaching methods

 Class attendance greatly facilitates the preparation of the examination.

 

 Students who do not attend classes, should meet any kind of difficulties may contact the teacher well in advance of the date of examination.

Assessment methods

 The examination take place in oral form.

In order to facilitate the preparation of the oral examination, students who regularly attend classes can sit for a written test. The test will take place at the end of the classes. Teacher will indicate during lessons subject and contents of the test. Once passed the written examination, oral examination - session Jan.-Feb. 2015 - will refer uniquely to the contents not included in the test (see Course Contents).

Teaching tools

Students who attend classes must always carry the text of the Civil Code.

To facilitate the understanding and learning of some of the topics, during the lectures will be projected slides containing schematic indications of the subject.

Office hours

See the website of Anna Maria Toni