Instructional goals
The course aims at developing personal skills to apply general rules to specific cases through personal analysis and discussion with other participants and with the teacher. Specific cases will be chosen among the most recent judgements at national and international level.
Prerequisites
To any purpose of this course, it is considered essential the knowledge of the general discipline on contracts and obligations.
Intended learning outcomes
Knowledge and understanding: the student will be able to understand theoretical and more practical aspects of business contracts, focusing on the case law, the lex mercatoria at the national and international level and the standard forms of contracts usually adopted. Applying knowledge and understanding: the student will be able to analyze and solve new cases, even making reference to judgements and to theoretical analysis. Making judgements: the student will be able to analyze problems and situations, to regulate specific case by adopting the suitable general rule, to solve problems by also providing personal interpretation. Communication skills: the student will be able to adopt the correct terminology and will also dispose of public speaking skills, even delivering a presentation in class. Learning skills: the student will be able to update any notion, even interpreting contributions provided by the case law and scholars.
Course Contents
General Part: Business Contracts under the Italian and European Law; contract of sale of goods; distribution contracts; Guarantees; Part II: public and private construction contract; management of disputes in construction; FIDIC Standard Forms ; Arbitration in the Construction industry; Functioning of Dispute Board under FIDIC Contracts, ICC Dispute Board Rules
Reference Books
S. Monticelli, G. Porcelli, I contratti d'impresa, Fourth Edition, Giappichelli, 2025, limited to Chapter 1 to 5 ( p. 13-163); G. Iudica, Sette questioni in tema d'appalto, Egea, 2016 limited to Chapter 1, 2, 4, 7. https://luiss.alma.exlibrisgroup.com/discovery/openurl?institution=39LLUISSGC_INST&rfr_id=info:sid%2Fsummon&rft_dat=ie%3D2117671920004196,language%3DEN&svc_dat=CTO&u.ignore_date_coverage=true&vid=39LLUISSGC_INST:Services&Force_direct=false Any additional material provided during the Course Italian Civil Code, last edition
Teaching Methods
Frontal and online lectures and open debates in the class are envisaged in the teaching course. Critical discussion on selected demographic topics, based on scientific articles.
Assessment Method
The exam will be carried out in an oral form. It is possible that students will also be evaluated during the course even if the final grade will only be attributed at the final oral exam in compliance with the criteria better specified above.
Thesis assignment criteria
Interest for the discipline. Active participation to the classes. Quality and relevance of the proposed topic.
Week 1
On campus: Business Contracts under the the Italian Civil Code; Business Contracts under the European Law. Online: Contract of sale
Week 2
On campus: Consumer Contracts; Online: Sale of business assets; timesharing property.
Week 3
On campus: distribution contracts Online: franchising contract
Week 4
On campus: Rent of business assets Online: leasing contract
Week 5
On campus: Trademark license Online: Guarantees
Week 6
Online: Guarantees (cont’d) On campus: Personal guarantees
Week 7
On campus: Public and private construction contracts Online: Subjects to the construction contract
Week 8
On campus: Construction subcontract; Online: Price and Change of Price
Week 9
On campus: Variations and works out of scope
Week 10
On campus: Test after completion, taking over, acceptance of works Online: Payment of the Price
Week 11
On campus: Arbitration in the construction industry Online: outsourcing
Week 12
On campus: Role and functioning of the Dispute Board; Online: Different Types of Dispute Board