BUSINESS LAW I

The aim of the course is to examine the main topics concerning the different business structures by which economic activity may be carried out. In particular, the analysis will target the statutory legislation regarding the entrepreneur and the activity of enterprises, insolvency procedures, business partnerships and private and public limited companies, with the purpose of enabling the development of hermeneutic tools and the ability to understand the critical legal factors that arise from economic phenomena.

Private law

- Knowledge and understanding: the student - by studying, participating in the lectures and practical activities of the course - will have a deep knowledge of commercial law. - Applying knowledge and understanding: the student - acquiring the correct tools and method - will be able to interpret commercial law provisions and reason about related topic. - Making judgements: the student, through the use of the methodologies acquired during the course and the participation to the Moot court, will have acquired the ability to argue legally an interpretative thesis, making use of the doctrine and jurisprudence available. - Communication skills: at the end of the course the student will be able to use legal and technical vocabulary of the subject. Learning skills: the knowledge acquired during the course will allow the student to autonomously understand and interpret future issues and problems. The student will develop a solid knowledge of the fundamental aspects of the subject that will allow him to continue to independently deepen the topics studied.

The course will articulate, basically, in three modules. The first will identify the entrepreneurs and their statutes, with particular reference to the business entrepreneur. The firm’s discipline will also be studied, with reference to competition rules, brands and debt securities. The second part of the course will analyze the discipline of corporation companies, with particular focus to the evolution of discipline. The third part will illustrate the bankruptcy proceedings, with particular attention to the new ways of managing and solving business crises.

- G.F. Campobasso, Diritto commerciale, vol. 1, Diritto dell’impresa, UTET, latest edition; - Associazione Disiano Preite, Il diritto delle società, Il Mulino, latest edition; Or alternatively - AA.VV., Diritto commerciale, a cura di Lorenzo De Angelis, vol. 1 e 2, Cedam, Milano, 2017.

During the lessons, attention will be paid to the method of analysis of laws. Electronic tools and data bases will be used to search and update the discussed subjects, compared with doctrine and jurisprudence, in order to provide a critical approach to legal reasoning and hermeneutical techniques. The research method and the analysis of themes can be supplemented by exercises, concerning specific objects or relevant cases. The study should constantly be completed reading the updated edition of civil code and special laws. The code and special laws should be used during the lessons.Full knowledge of relevant discipline and the main interpretative and applicative questions related thereto are required, by the study of recommended manuals, the Civil Code and special laws.

The exam consists of an oral interview in which the student must demonstrate knowledge and understanding of the main topics of Business Law. . The student will have to be able to correctly use the juridical technical vocabulary of the subject. For the purposes of assigning a mark out of thirty, the following evaluation criteria will be taken into account: 1. Project work (2 bonus points). One or more group work is foreseen for the analysis and discussion of jurisprudential cases, also simulating disputes in court or arbitration to test the ability to apply the knowledge acquired and the autonomy of judgment. Group work is assessed and the score achieved remains valid until September 2022 inclusive. 2. Final test (100%). The final exam is oral and assessed as follows: knowledge and understanding of the institutes and the principles of the subject and ability to apply them to concrete cases (70%); ownership of the technical-legal lexicon, ability to consult and evaluate relevant sources, acquisition of the study method (30%). Learning gaps concerning one or more notions or principles will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter.

Theses will be given on topics, agreed with the teacher, taking into account student's specific interests and the exam’s grade.