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.
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 coming from various European jurisdictions. Students are required to read the cases in advance and to discuss them in class. During the academic year 2018/2019, Prof. Martijn W Hesselink will deliver a series of lectures as visiting professor at the University of Catania.
Knowledge of fundamental rules and concepts of private law is required;
The course will be in English
Recommended
The extent and role of European contract law; notions of contract; cause, consideration and form; formation of contract and pre-contractual liability
Hugh Beale, Bènèdicte Fauvarque-Cosson, Jacobien Rutgers, denis Tallon and Stefan Vogenauer Cases, Materials and text on Contract law, Series general Editor, 2010, pp. 3-76; 169-426
http://studium.unict.it/dokeos/2018/
| Argomenti | Riferimenti testi | |
| 1 | The process of harmonization of European private law | Cases, Materials and text on Contract law, ch. 1 |
| 2 | Definitions of contract | Cases, Materials and text on Contract law, ch. 2 |
| 3 | Synallagmatic and gratuitous contract | Cases, Materials and text on Contract law, ch. 2 |
| 4 | The notion of cause in continental European systems | Cases, Materials and text on Contract law, ch. 5 |
| 5 | Consideration and reliance in the Common law systems | Cases, Materials and text on Contract law, ch. 5 |
| 6 | Formation of contract: offer and acceptance | Cases, Materials and text on Contract law, ch. 6 |
| 7 | Intention to create legal relations | Cases, Materials and text on Contract law, ch. 8 |
| 8 | Pre-contractual liability | Cases, Materials and text on Contract law, ch. 9 |
Written assignment
The test/exam will be assessed according to the following criteria established by the Board of the Degree Course (September 17, 2018):
Written discussion of cases similar to those examined in class