CIVIL LAW 1

CIVIL LAW 1

Teresa Pasquino

Instructional goals

The aim of the course is to provide students with a more accurate knowledge of the regulation pertaining to contracts in general. In particular, the course is meant to let students have a deep knowledge of the technical jargon, the different interpretation techniques of the legal reasoning methodology in order to enable them to analyze critically the various opinions expressed on the topics to be studied and to manage the systematic dimension of each legal instrument, to gain the ability to understand and analyze in-depth operative problems of the current market operations and to discern and utilize the various trends in jurisprudence.

Intended learning outcomes

Knowledge and understanding: student will have acquired a complete and in-depth knowledge of the general discipline of the contract, through a case study approach with the direct involvement of the students in the study of jurisprudential decisions. Knowledge is acquired with the frequency of lectures, with the presentation of disputes, with exercises, with procedural simulations. The aforementioned knowledge is verified by passing the exams, attending exercises, class discussions and analyzing cases. Apply knowledge and understanding: student will acquire a method of analysis of all institutions inherent to the general discipline of the contract. The knowledge, often interdisciplinary, necessary for the student who is interested in working professionally in the fields of the classic forensic professions (Lawyers, Judiciary, Notaries) as well as in consultancy activities in the private sector, will be acquired with broad reference to supranational law and consumer law. In addition, the upload of bibliographic, jurisprudential and exemplifying documents on Luiss Learn platform will allow the student to implement the critical approach to the subject and to measure himself with the drafting of documents, acts and comments on sentences. Making judgments: student will have developed a critical awareness that allows the autonomous interpretation of the various institutions of the general discipline of the contract; he will also have developed a capacity to identify the institutions applicable to the various cases submitted to his judgment, not only by passing the exam and participating in the exercises, but also through the simulation of disputes. Communication skills: student will have acquired the ability to analyze the various contractual institutions and to deal with their exposure and comparison with other interlocutors by adopting a good legal language property and putting the acquired method into practice. Learning skills: student will be able to undertake his own jurist activity by putting into practice the knowledge and editorial and argumentative techniques developed during the lessons and during the exercises and simulations carried out.

Course Contents

The aim of the course is to provide students with a more accurate perspective on the current features of a contract, in its multiple dimension, national, communitarian, transnational and with reference to recent innovative trends concerning equity in the law of contracts, based on the relevant sources, starting from the history of Civil Law up to up to the current notion of contract.

Reference Books

Recommended reading: ALESSI R., (2023). La disciplina generale del contratto. Giappichelli Editore. All chapters except I and III. For study and the attending of lectures the use of a Civil code, complete with special laws, is essential.

Teaching Methods

Learning: frontal lessons and independent exercises or "guided" by teachers in the classroom. Practice: practical simulations. Investigation: analysis of different ideas and solutions. Collaboration: work in small groups, discussion of other people's results and proposal of common results. Discussion: group discussions in class on cases addressed by jurisprudence. Production: reports, presentations, proceedings and opinions.

Assessment Method

During the oral exam the student will be required to show that he/she knows and understands notions and principles of civil law and contracts law and that he/she is able to apply them to practical cases. The student is expected to be able to independently analyse sources and relevant theories of civil law and to use the appropriate technical and legal vocabulary, thus proving that he/she has acquired the study method and the learning ability for carrying on, also independently, further study of the matter. The following evaluation criteria will be taken into account to assign the final grade, expressed in thirtieths: - for 50%: oral exam in which the student will have to demonstrate that he knows and understands the institutions and principles relating to Civil Law 1 and knows how to apply them to practical cases brought to his attention by the teacher through the presentation of concrete examples. The student must be able to independently analyze the relevant legal sources and orientations of civil law and correctly use the technical-legal vocabulary of the subject, thus demonstrating that they have achieved the study method and learning ability necessary to continue the study independently. in-depth study of the subject; - for 30%: participation in classroom exercise activities, in which the student must be able to independently analyze the relevant legal sources and orientations of the course topics and correctly use the technical-legal vocabulary of the subject, thus demonstrating that they have achieved the study method and learning ability necessary to continue the in-depth study of the subject even independently; - for 20%: active participation in classroom teaching.

Thesis assignment criteria

Interest in the subject.

Week 1

Session 1: NOTIONS ON CONTRACT Session 2: THE CONTRACT IN INTERNATIONAL TRADE

Week 2

Session 1: INTERNAL AND SUPRANATIONAL SOURCES Session 2: Illustration of an internal contract template and an international contract template.

Week 3

Session 1: GENERAL DISCIPLINE AND SPECIAL RULES. DISCIPLINES PROVIDED BY EUROPEAN SOURCES. Session 2: Illustration of a European contract template.

Week 4

Session 1: THE REQUIREMENTS OF THE CONTRACT. Parts; the agreement and the formation of the contract; seriousness of the agreement and protection of the agreement. Session 2: Exercise on drafting a letter of intent and a contract proposal.

Week 5

Session 1: THE REQUIREMENTS OF THE CONTRACT. The cause and the object. Session 2: Discussion of judgments and handling of practical cases regarding the cause and the object of the contract.

Week 6

Session 1: THE REQUIREMENTS O THE CONTRACT. The form. Session 2: Exercise on the difference between the cause in the abstract and the concrete cause of the contract.

Week 7

Session 1: THE CONTRACTUAL REGULATION AND ITS IMPLEMENTATION. Session 2: Exercise on the technique of drafting a contract.

Week 8

Session 1: THE EFFECTS OF THE CONTRACT. Session 2: Discussion of judgments and handling of practical cases regarding withdrawal and the effects of the contract towards third parties.

Week 9

Session 1: CONTROL OF THE ACT AND THE REGIME OF INVALIDITY. Session 2: Guided drafting of a "pro veritate" opinion according our civil law.

Week 10

Session 1: CAUSES OF TERMINATION OF THE CONTRACT AND PRIVATE POWERS. THE RESOLUTION. Session 2: Discussion of judgments and handling of practical cases regarding the termination of the contract.

Week 11

Session 1: CAUSES OF TERMINATION OF THE CONTRACT AND PRIVATE POWERS. Session 2: Guided drafting of an introductory document for a civil trial.

Week 12

Session 1: THE JUDICIAL CONTROL ABOUT THE CONTRACT. Session 2: Discussion of a practical case about the penalty clause.