INTERNATIONAL AND EUROPEAN CONTRACT LAW

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

Single discipline educational activity

Course Sheet

Course code:

000428L

Academic Year of enrolment:

2022

Year of supply:

2023/2024

Degree:

Course of 2nd Cycle Degree in LEGAL SCIENCES FOR INTERNATIONALISATION AND BUSINESS INNOVATION

Moduls:

EUROPEAN AND INTERNATIONAL LAW OF CONTRACTS - A - 6 credits

Location:

PESCARA

Credits:

Programme Year:

Hours of classroom activity:

Prerequisites:

Students must master the basics of Private contract law.

Objectives

In order to achieve of the general learning objectives of the Degree Course, the Course provides the students a complete and updated picture of the European and international contract law, outlining the development trends (both in a historical and in a future perspective) and outlining the contents of the hard/soft law rules that guide it. At the end of the learning process, the student must demonstrate the acquisition of knowledge and skills useful to operate as transnational commercial legal experts and independently solve the concrete cases and the legal problems raised by the bargaining that takes place in the European and global markets.

Contents

The Course will focus on the main issues that modern contract law raises in its “supranational” dimension. In accordance with the learning objectives, particular attention is dedicated to the complex set of European and international sources that – in different ways and intensities – influence the general discipline of the contract as well as to the harmonization process that involved it.
It will be analysed the central role assumed by the protection of the so-called "weak party" and its impact on the transformation and evolution of private law.

Extended Syllabus

The Course focuses on the following topics:
– the international unification of private and commercial law;
– the projects aimed at harmonizing European contract law: the “acquis communautaire” and the initiatives of the European Union;
– the contract law in its supranational dimension: freedom of contract and limits; essential elements and conclusion of the contract; pre-contractual liability; interpretation and integration; remedies.
–law applicable to transnational contracts.
In particular, having regard to the EU competition law and to the regulatory powers of the independent authorities, particular attention will be dedicated to the characteristics of the “B2C” and “B2B” contracts.

Recommended Bibliography

In order to prepare the exam, the following textbook is suggested:
• G.A. BENACCHIO, Diritto privato dell’Unione europea. Fonti, modelli, regole, Cedam, Padova, ult. ed. (only Chapters I, II, V, VI, VIII, IX).
In addition, it is recommended to study the normative, doctrinal and jurisprudential materials examined during the lessons (available on request, even for non-attending students, on the Course's cloud storage platform).
The use of an updated civil code is also fundamental. In this regard, it is recommended:
• G. PERLINGIERI e M. ANGELONE, Codice civile con Costituzione, Trattati UE e FUE, Leggi complementari e Codici di settore, ESI, Napoli, latest edition.

Methods of Provision

Conventional

Teaching Methods

The teaching activity is based on "ex cathedra" lessons. In addition to the frontal teaching, seminars and workshops can be organized.

Evaluation methods

Verification of learning:

Consistent with the learning objectives and the expected learning outcomes as well as with the teaching methods adopted, the exam consists, at the end of the lessons and seminars, in a final oral exam consisting of 3-4 questions aimed at verifying the ability of systematic framing, the property of language, the ability to link between institutions, the clarity of exposure regarding the program to be taken to the exam. The final grade goes from 1 to 30 with honours (cum laude), according to the following modalities: 1-17, insufficient; 18-21, sufficient; 22-24, fair; 25-27, good; 28-29, very good; 30-30 with honours (cum laude), excellent. Intermediate exam can also be programmed (however it is not mandatory and is reserved only for attending students).

Contacts/More Information

E-mail: marco.angelone@unich.it.

Student support:
• (1st Semester): Tuesday, 1:00 p.m.;
• (2nd Semester): Wednesday, 11:00 a.m.

The Degree Thesis must be agreed in time and must be delivered to the teacher in advance of the date scheduled for the deposit of the paper in the Student Administration Office.

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

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