EUROPEAN CONTRACT LAW

IUS/01 - 7 CFU - 2° Semester

Teaching Staff

GAETANO GUZZARDI


Learning Objectives

Knowledge and comprehension
Knowledge of some basic steps of the tentative process of harmonization of contract law in Europe. Comprehension of fundamental problems of contract from a comparative perspective; comprehension of the analogies and differences in the regulation of basic aspects of contract with reference to some European legal systems.
Ability to apply knowledge and comprehension
Students will be able to describe and qualify practical problems and judicial solutions from the viewpoint of different national legal concepts.
Autonomy of judgement
Students will gain a better understanding of the process of Europeanization of law within the member States in order to critically evaluate the legal implications of and obstacles for the construction of a European legal unity.
Communication abilities
Students will be required to read and present legal decisions from different national jurisdictions during classes. This will allow students to build the ability to describe legal problems and their solutions using different national legal terms and concepts.
Ability to learn
Gaining familiarity with different national legal approaches to contract law problems and with the attempts to build a common European approach will greatly improve student ability to autonomously continue to learn law.


Course Structure

Lectures in English, during which practical cases will also be presented, solved with the active participation of students, also through the specific establishment of working groups with the aim of providing students with full knowledge of the main reference issues and possible conflict resolution techniques.

If the teaching is given in mixed or remote mode, appropriate measures may be introduced in order to comply with the program envisaged and reported in the syllabus.

The prerequisite of private law institutions II is required.

Attendance of the lecture course is not compulsory, but strongly recommended to acquire teaching method and merit.

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.

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



Detailed Course Content

1. The law of consumption. Origins, definitions and scope of application

2. Consumer behavior.

3. The average consumer in the EU acquis.

4. Discipline of unfair commercial practices.

5. Information obligations and right of withdrawal.

6. Online transactions and the single market for digital services.

7. Unfair contractual terms.

8. Consumer sales.

9. Producer Responsibility and Safety.



Textbook Information

1. G. HOWELLS - C. TWIGG-FLESNER - T. WILHELMSSON, Rethinking EU Consumer Law, London-New York, Routledge, 2018.

or

2. H.W. MICKLITZ - A.L. SIBONY - F. ESPOSITO (edited by), Research methods in consumer law: a handbook, Cheltenham - Northampton, Edward Elgar Publishing, 2018.




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