Instructional goals
The course aims to provide students with an overview of consumer protection policies in Europe and in Italy, elements on the principles and tools that govern consumer protection in the Italian legal system and notions on the relationships between the public system and consumer-user . Particular attention is paid to the relationship between consumer protection and competition protection.
Prerequisites
Knowledge of private law institutions is required with particular regard to the contract in general, obligations and civil liability.
Intended learning outcomes
Knowledge and understanding: the student, by participating in the lessons and practical activities of the course, will have acquired full knowledge of the general categories of consumer law and code institutes, also in the light of European law. The acquisition of this knowledge will be verified through an oral interview at the end of the course.
Ability to apply knowledge and understanding: the student, having acquired the correct tools and method, will be able to interpret and apply, also through concrete cases, the principles and institutes of consumer law. He will be able to correlate these principles with European ones. The carrying out of practical cases will allow to verify the acquired skills.
Autonomy of judgment: the student, through the use of the methodologies acquired during the course, will be able to collect data and analyze the relevant orientations of doctrine and jurisprudence with reference to consumer law and will acquire the ability to autonomous evaluation by formulating his own critical judgment and choosing the appropriate solutions for the cases examined.
Communication skills: at the end of the course the student will be able to use, with terminological precision, the legal lexicon of consumer law. By participating in the different activities of the course, such as the simulated process and debates, the student will learn to put these communication skills into practice in different contexts.
Learning skills: the technical-legal knowledge acquired during the course will allow the student to autonomously understand and interpret the legislative, doctrinal and jurisprudential changes of consumer law. The student will develop a solid knowledge of the fundamental aspects of the subject that will allow him to continue to deepen, even independently, the topics addressed and to undertake the various post-graduate professional training courses.
Course Contents
The course will focus on consumer protection legislation in the Italian legal system, also with regard to antitrust institutes in defense of competition. Historical-economic and social framework of legal institutions. General theory and application. Examination of jurisprudence and practical cases.
Reference Books
Teaching Methods
- frontal teaching
- individual exercises with written opinions and procedural simulations
Assessment Method
During the oral exam the student will be required to show that he/she knows and understands notions and principles of consumer 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 consumer 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:- knowledge and understanding of the notions and principles of the matter and ability to apply them to concrete cases (65%); appropriate use of the technical and legal vocabulary, ability to analyse and evaluate relevant sources and acquisition of the study method (35%).
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.
Thesis assignment criteria
excellent evaluation at the exam
Week 1
INTRODUCTORY notions
Introduction to consumer law
Week 2
The consumer code and sources of consumer law.
Week 3
From the protection of status to the common law contract. The crisis of equality and the protection of the weak contractor
Week 4
SCOPE OF THE CONSUMERISTIC DISCIPLINE
On the notion of consumer. Purchases for mixed use; the documents of the profession and the documents relating to the profession. Examination of practical cases
Week 5
On the notion of professional. THE FUNDAMENTAL RIGHTS OF CONSUMERS
Consumer education and information
Week 6
Violation of disclosure obligations. Examination of the most important rulings of the Supreme Court.
Week 7
CONSUMER PROTECTION IN THE COMPETITION REGULATION
General notions about unfair commercial practices. The civil consequences of unfair commercial practices. Examination of the most recent and relevant rulings of the Competition and Market Authority on unfair commercial practices.
Misleading and aggressive practices
Unsolicited supplies.
Week 8
THE CONSUMER CONTRACT
Fracture points between the civil law contract and the consumer contract.
The interpretation of the consumer contract.
Week 9
Consumer protection through withdrawal from the contract. Analysis of the various types of withdrawal in the consumer code and fracture points with the withdrawal in the civil code
Week 10
NULLITY IN THE CONSUMER CODE
The vexatious clauses in the contract between the consumer and the professional. Elements of discontinuity with common law nullity.
The nullity of consumer protection
Week 11
EXAMINATION OF INDIVIDUAL CONTRACTS
Week 12
SAFETY, QUALITY AND CONFORMITY OF PRODUCTS