BUSINESS CONTRACTS LAW
No special prerequisites are required. In any case, prior knowledge of the general rules of contract law is recommended.
The examination will be carried out in written form. The written task will include two open-ended questions. The questions may include: description of the general rules relating to a given business contract, analysis of specific issues relating to a given business contract, commentary on a contractual text provided by the teacher. The test will take approximately one hour. The final mark is calculated on the basis of an overall evaluation of both questions, according to the following criteria: accuracy and completeness of the content of the answers; ability to identify and qualify the issues; ability to apply the acquired knowledge; ability to identify the applicable remedies; ability to relate the topic to concrete examples; proper use of technical-legal language and ability to explain the reasoning in an organised and coherent manner.
Only students regularly enrolled will be admitted to take the exam.
The result will be in thirtieth. The test will be considered passed with a score of at least 18/30. Praise will be awarded for a correct and complete answer, characterized by personal elaboration. Examination method and program are the same for attending and non-attending students.
There are no intermediate tests during the course.
With reference to knowledge, the course aims to provide students with the knowledge relating to the regulation of the main business contracts and the most common contractual clauses.
With reference to skills, the course aims to provide students with the critical tools necessary to identify and solve the main legal issues related to business contracts and, in particular, to understand and interpret a contract text in the field of business contracts.
At the end of the course, students will be able to:
• have a good knowledge of the main contractual models used in business practice;
• analyze and interpret a contractual text;
•have a good knowledge of the appropriate terminology;
• identify the main problems underlying business negotiations.
The course deals with the following subjects (the order of subjects is mainly based on the table of contents of the book edited by Monticelli-Porcelli; however, some subjects are covered by other teaching materials):
ELEMENTS OF GENERAL CONTRACT LAW
CONTRACTS FOR THE CIRCULATION OF GOODS IN THE MARKET
- Supply
- Distribution contracts
- Sales concession
- Franchising
INTERMEDIARY CONTRACTS FOR TRADING GOODS AND SERVICES
- Agency contract
- Brokerage
CONTRACTS FOR THE USE OF ASSETS
- Lease
- Operational leasing
- Rent to buy
CONTRACTS FOR THE EXECUTION OF WORKS AND SERVICES
- Contract
- Outsourcing
- Subcontracting
FINANCING CONTRACTS
- Financial leasing
- Lease-back
- Factoring
PERSONAL GUARANTEE CONTRACTS
- Surety
- Autonomous guarantees
CONSUMER CONTRACTS
SMART CONTRACTS
Examination method and program are the same for attending and non-attending students.
Lectures (40 hours) in Italian, aimed at analyzing the main aspects of the most common business contracts and the problems related to them.
Contractual texts will be also studied and analyzed in the light of the rules and concepts examined
The purpose of the lectures is to facilitate interaction with the students present, who, after the teacher's explanation, can ask questions about the topic and formulate observations and critical remarks.
Office hours: by appointment by contacting the teacher at the following email address: giuseppe.versaci@uninsubria.it.; alba.fondrieschi@uninsubria.it