EUROPEAN CONTRACT LAW

Anno accademico 2020/2021 - 2° anno

Obiettivi formativi

Knowledge and understanding
The student must know fundamental principles and notions of European contract law. In particular, the knowledge of the discipline concerning unfair terms in business to consumer contracts is required. The student must also know the developments in the field of harmonization of European private law.
Ability to apply knowledge and comprehension
The student must be able to identify and understand the reasons hindering the project of standardization of European private law.


Modalità di svolgimento dell'insegnamento

After a brief introduction to the general aspects of the process of formation of a European Contract Law, the course will focus on the exam of cases from different European jurisdictions. Students are required to read the cases in advance and to discuss them in class.

Should teaching be carried out in mixed mode or remotely, it may be necessary to introduce changes with respect to previous statements, in line with the programme planned and outlined in the syllabus.


Prerequisiti richiesti

Istituzioni di diritto privato

Knowledge of fundamental rules and concepts of private law is required;

The course is in English


Frequenza lezioni

Recommended


Contenuti del corso

The extent and role of European contract law; notions of contract; cause and consideration; formation of contract and pre-contractual liability


Testi di riferimento

Hugh Beale, Bènèdicte Fauvarque-Cosson, Jacobien Rutgers and Stefan Vogenauer: Cases, Materials and text on Contract law, 2019, pp. 3-120; 343-394; 423-479.



Programmazione del corso

 ArgomentiRiferimenti testi
1The process of harmonization of European private lawCases, Materials and text on Contract law, ch. 1  
2European Union Law on contractsCases, Materials and text on Contract law, ch. 2 
3EU Law sources on contract lawCases, Materials and text on Contract law, ch. 3 
4National contract laws in a European contextCases, Materials and text on Contract law, ch. 4 
5Notions of contractCases, Materials and text on Contract law, ch. 5 
6 Consideration and relianceCases, Materials and text on Contract law, ch. 11 
7The doctrine of causeCases, Materials and text on Contract law, ch. 11 
8Pre-contractual negotiations and the duty of good faithCases, Materials and text on Contract law, ch. 13 

VERIFICA DELL'APPRENDIMENTO

Modalità di verifica dell'apprendimento

Written assignment

The test/exam will be assessed according to the following criteria established by the Board of the Degree Course (September 17, 2018):

  • aptness of answers
  • quality and comprehension of the syllabus
  • ability to link different topics of the syllabus
  • ability to show examples
  • use of jargon and terms of art
  • general communicative skills
  • familiarity with legal texts

Learning assessment may also be carried out on line, should the conditions require it.


Esempi di domande e/o esercizi frequenti

Written discussion of cases similar to those examined in class; paper on one or two of the main topics discussed in class