The course examines the main institutions of contract law through their jurisprudential application. This approach aims to stimulate the student to a more critical analysis of legal doctrines than the one that mainly focuses on the text of the civil code or on sectorial legislation. The educational objectives are twofold: (i) through the analysis of some of the most relevant judgments issued by European and Italian courts in the last decades, the course intends to raise awareness of the fundamental importance of legal interpretation; (ii) as for the specific field of contract law, this type of analysis should allow a deeper understanding of this branch of private law, as it results in the ‘law in action’.
Curriculum
teacher profile teaching materials
1) Legal and contractual interpretation and their application in case-law
2) The formation of contracts
3) Negotiations and pre-contractual liability
4) The essential elements of the contract
5) Good faith (integration of the contract)
6) Contractual invalidity (defects of consent)
7) Consumer contracts
8) Liquidated damages clauses
9) The contract and superveining unexpected circumstances
10) Final dissertation
Mutuazione: 20110328 Attività: Il contratto nella giurisprudenza in GIURISPRUDENZA LMG/01 MEZZANOTTE FRANCESCO
Programme
The following topics will be examined:1) Legal and contractual interpretation and their application in case-law
2) The formation of contracts
3) Negotiations and pre-contractual liability
4) The essential elements of the contract
5) Good faith (integration of the contract)
6) Contractual invalidity (defects of consent)
7) Consumer contracts
8) Liquidated damages clauses
9) The contract and superveining unexpected circumstances
10) Final dissertation
Core Documentation
The didactic material is represented by the sentences analyses in class. The texts will be made available through the e-learning platform.Type of delivery of the course
The course is based on 10 classes (each class lasts 3 hours). Class attendance is mandatory. The first class introduces the course and provides students with an overview on relevant criteria of legal interpretation and the on the role of case law in private law matters. In all the other classes, a contractual rule or doctrine is firstly presented in its normative foundations, and then examined throurgh the analysis of its case law application.Type of evaluation
The assessment method is based on the parameters of evaluation: a) active participation of students in class; b) the preparation of a final written paper. teacher profile teaching materials
1) Legal and contractual interpretation and their application in case-law
2) The formation of contracts
3) Negotiations and pre-contractual liability
4) The essential elements of the contract
5) Good faith (integration of the contract)
6) Contractual invalidity (defects of consent)
7) Consumer contracts
8) Liquidated damages clauses
9) The contract and superveining unexpected circumstances
10) Final dissertation
Mutuazione: 20110328 Attività: Il contratto nella giurisprudenza in GIURISPRUDENZA LMG/01 MEZZANOTTE FRANCESCO
Programme
The following topics will be examined:1) Legal and contractual interpretation and their application in case-law
2) The formation of contracts
3) Negotiations and pre-contractual liability
4) The essential elements of the contract
5) Good faith (integration of the contract)
6) Contractual invalidity (defects of consent)
7) Consumer contracts
8) Liquidated damages clauses
9) The contract and superveining unexpected circumstances
10) Final dissertation
Core Documentation
The didactic material is represented by the sentences analyses in class. The texts will be made available through the e-learning platform.Type of delivery of the course
The course is based on 10 classes (each class lasts 3 hours). Class attendance is mandatory. The first class introduces the course and provides students with an overview on relevant criteria of legal interpretation and the on the role of case law in private law matters. In all the other classes, a contractual rule or doctrine is firstly presented in its normative foundations, and then examined throurgh the analysis of its case law application.Type of evaluation
The assessment method is based on the parameters of evaluation: a) active participation of students in class; b) the preparation of a final written paper.