DIRITTO EUROPEO DEI CONTRATTI

IUS/01 - 6 CFU - 1° Semester

Teaching Staff

SALVATORE BOSA
Email: sbosa@unict.it
Office: Palazzo delle Scienze, Corso italia n. 55, IV piano stanza n. 4
Phone: 095/7537814
Office Hours: Mercoledì dalle 9 alle 12


Learning Objectives

1. Knowledge and understanding. The courseaims to provide a deeperunderstanding of the institution of the contract in general in the current socio-economic and regulatory environment, with primaryregard to certainprofiles of discipline (consumer contracts and unfair; duties of information and pre-contractual liability; distance contracts and information; goodfaith, contingent and contracture negotiation, trust, sales of consumer goods, subcontracting) thatmay be of interest to a more modern business management activities and which express and / or directimplementation of Community legislationmatter.

2. Applyingknowledge and understanding. The courseaims to enable the students to acquire specializedknowledge and adequatemastery of the instruments and contractual mechanisms, adaptingthem to the business activity and to its operational framework of reference. Suchknowledge and mastery, aimedat the ability to apply to realsituations principles and rulesgoverning the subjectmatter of the study, will be progressive lyenhanced from the critical analysis of the variouscases and their systematics in the context of the contractual aswellas from 'use of legal language technically and professionally appropriate.

3. Makingjudgements. he studentwill be placedin a position to elaborate on keycritical-reconstructiveknowledgegainedimprovingthemconstantlythroughreflection and study in order to achieve full and independentjudgment and choice on the practical and operational. In thisregard, itwill be essential the constantreference to the evolution of the frameworksocio-economic and regulatory-national and European case law in contractualmattersaslandonwhich test and evaluate in practice, in the aspect of politics and legislative technique, the effectivecompliance with the principles of law and equity of the choices made by ourlegislators and by the Community and implemented by law.

4. Communicationskills. At the end of the course, with mastery of legalconcepts and the legalframework of the agreement and with an appropriate professional-technicallanguage, the student must be able to transfer to otherjudgments, proposals and solutionsregardingthoseaspects of the subjectcontractdirectlyimplicated in 'managerialactivity, thusshowinghimselfable to findadequateoutlets in the world of work.

5. Learning skills. The fundamentalreview of the learningability of the student (in itscomponents of knowledge and understanding, judgment and communication) takesplaceduring the course of the training front, appropriatelyheld in a "dialectical", "dialogued" and "participatory"; whileitsformalevaluationwill take place and essentially in terms of a "right" and "should" rigorduring the final test of profit.



Detailed Course Content

MODULE I

The contractual right of Community source. The general framework of consumer contracts: Contractual asymmetries and unfair. Contractual autonomy in European private law. Evolution and legal nature of pre-contractual liability. Negotiations, objective goodfaith and special cases: the breakdown of negotiations and information requirements. Damages and pre-contractual relationship with the contractual damage. The agreement and the contractual arrangement. The conclusion of theagreement by the beginning of the execution. The demeanors mere omission. The with drawal in European private law. The contract information: electronic signature and electronic document. Formation and expression of the will in the contract information. Interpretation of contract information. Constitutional significance and content of the duties of information, efficiency and effectiveness of protection, legal obligations of information and related responsibilities. The duties of information in the purchase of travel, package tours 'package'; in bargainingat a distance; consumer credit and banking contracts; in the sale of consumer goods; in contracts for trading in financial instruments.

Texts:

1. C. CASTRONOVO-S. MAZZAMUTO, Manuale di diritto privato europeo, vol. II, Giuffrè, 2007: chapp.from XVIII to XXIII. Given the constantly changing legislation, case law and doctrine, students are alsorequired to update the following arguments on §§ text correspondinglyindicated, availableat the library of the Department: a) the general rules in consumer contracts and unfair contract terms (TURCO, Diritto civile, I Giappichelli, 2014, §§ 214-215); b) electronic signatures and electronic documents (TURCO, op.cit., §§ 226, 354); c) with drawal and duties of information in the purchase of travel, package tours 'package' (including the 'timeshare'), in bargainingaway from business premises and distance, consumer credit (TURCO, op.cit., §§ 96, 305, 307).

MODULE II

The requirements of the contract in PDEC, the cause and sufficient agreement. The invalidity in European private law: thenullity of protection. The general principle of goodfaith: evolution of case law and doctrine. Changes in contractual circumstances and the principle of pacta sunt servanda. The hardship in the international practice and the UNIDROIT Principles. Remedies: resolution and renegotiation. Control of the contract by the court. Confidence and trust: the concept and types. Trust companies and investment services. Trust and mandate. Discipline situations trust. The trust and the Hague Convention. Sale of consumer goods: scope, the notion of "compliance" is good, guarantee, protection and remedies. Subcontracting: definition, scope, form and abuse of economic dependence.

Texts:

C. CASTRONOVO-S. MAZZAMUTO, Manuale di diritto privato europeo, vol. II, Giuffrè, 2007: chapp.from XXIV to XXVII; from XXX to XXXII; XXXIX; XLVI; supplement for the nullity of protection TURCO, Diritto civile, I, Giappichelli, 2014, § 252 (availableat the library of the Department).



Textbook Information

1.C. CASTRONOVO-S. MAZZAMUTO, Manuale di diritto privato europeo, volume II, Giuffrè, 2007.

 




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