81765 - History of Commercial and Maritime Law

Learning outcomes

In the end of course the student knows critically the cultural foundations and the distinctive caracters of the legal culture of the modern and contemporary ages (secc. XVII-XX).

He acquires a good knowledge of the age of the ius commune (secc. XVII-XVIII), resulted in a crisis that deeply modified the referencial jurisdictional models and the European monarchy organisation profiles. The direct consequence was a doctrinal review, leading to a placement in the “Enlightenment reformism” and followed afterwards with the deep “cut” introduced by the 1789 French Revolution. Prior to the above, was the American Revolution which led to the promulgation of the American Constitution (1787).

The student masters, also, the process of the writing of the modern constitutionalism and of the modern codification; which will be treated and analysed, from the fondumental Napoleon code model up to the Italian civil codification (1942).

The student, besides a history of juridical sources and opinion, has a thorough knowledge of the development of mercantile and maritime law, with particular attention to an analysis of its fundamental principles.

Acquired knowledges are for the student a foundamental search tool to understand of current assets of positive law and political Italian and European institutions.

Course contents

General (I module - Prof.ssa A. Legnani Annichini)

The period of the Late Ius Commune - Italy in the early Eighteenth Century: 1) Neo-humanistic doctrines 2) Attempts to ractionalise law sources - Juridical Enlightenment in France and Italy (Lombardia, Toscana, Napoli) - The Declaration of independence (1776) and the American Constitution (1787) - The Jacobin Constitutions - The era of reforms in Prussia and in Austria - Law during French Revolution - The Code Napoleon and its application in Italy - The Austrian codification - Italian pre-unification legislation - The doctrine of XIX-XX centuries - The '48 revolution in Europe - The unification of the different codes in Italy from 1865 to 1942 - The juridical experience of Liberal State - The Fascist regime and law.

Specific - History of mercantile and maritime law

(II module - Prof.ssa A. Legnani Annichini

III module - Prof. Pierpaolo Bonacini)

A preliminary: origin and development of mercantile and maritime law - Speciality and universality of Merchant Law - Some typical negotial figures of Merchant Law - Consulate of the Sea - Maritime customs in Northern Europe - The origin of autonomous science: treaties on commercial law (sec. XVI) - The nationalization of Merchant Law: from the Ordonnance du commerce (1673) to the Code de Commerce (1807) - The mercantile and maritime legislation in the experience of pre-unitarian italian States - The Italian Commercial Code (1865) - A new Italian Commercial Code (1882) - Attempts to compile the Maritime Code - The unification of Civil and Commercial codes (1942): the incorporation of Private Law into Merchant Law - The Navigation Code (1942) - The merchant justice: from "Mercanzie" to Commercial Courts of law - Bankruptcy between Ancient Regime and commercial codifications - The "economic democracy": from Companies of Indie (sec- XVIII) to Joint Stock Companies - From proxeneta to mediator: genesis of a professional figure - The new lex mercatoria

Readings/Bibliography

1) Participating class students

For the class participating students the examination will be related to the topics treated during lessons. For the exam preparation, the notes taken during classes will be sufficient.

In order to track class presence, the modality will be communicated directly during the lesson session.

 

2) NON class participating students

For the students not participating classes, the examination program will relate to the following text books:

General

1) A. Padoa Schioppa, Storia del diritto in Europa. Dal medioevo all'età contemporanea, Bologna 2007, only parts IV, V e VI (to p. 609).

The substitution with a brand new essay will be announced during the lessons and spotted on this page.

Specific

History of mercantile and maritime law

2) F. Galgano, Lex mercatoria, V edizione, Bologna 2010

3) E. Spagnesi, Il codice della navigazione. Una vicenda giuridica speciale, Pisa 2014, i soli cap. 1 (except §§ 10-11-12) e 2 (untill p. 123)

 

Erasmus

Foreign sudents not attending classes that are participating in the Socrates-Erasmus program can take the exam by establishing a special program with the prof.ssa Legnani Annichini.

 

 

Teaching methods

The course is annual and it is divided in three modules:

I module: general (I semester)

Prof.ssa Alessia Legnani Annichini

 

II-III modules: specific (II semester)

History of mercantile and maritime law

Prof.ssa Alessia Legnani Annichini-Prof. Pierpaolo Bonacini

 

History of mercantile and maritime law borrows from the II-III modules (II semester), therefore it can be chosen only by those students who haven't the exam of History of Modern and Contemporary law in their study plan.

 

Students will be allowed to take the exam from the summer session onwards.

Assessment methods

The exam will be oral and the student must demonstrate to acquire knowledge of using critically historical skills, also into approach at issues of positive law and for the understanding of current assets of political Italian and European institutions.

The exam can take place only after having passed the exam of History of Medieval and Modern Law.

History of mercantile and maritime law can be taken only by those students who haven't the exam of History of Modern and Contemporary law in their study plan.

The exams withheld abroad in this disciplines category will be considered valid.

Teaching tools

The lessons will be kept using notes and projected material, all made available to the students ( http://campus.cib.unibo.it )

Office hours

See the website of Alessia Legnani Annichini

See the website of Pierpaolo Bonacini