European private law

Oggetto:

European private law

Oggetto:

European private law

Oggetto:

Anno accademico 2015/2016

Codice dell'attività didattica

GIU0610

Docenti

Prof. Ugo Mattei (Titolare del corso)
Prof. Edoardo Ferrante (Titolare del corso)
Prof. Barbara Pasa (Titolare del corso)

Corso di studi

Laurea magistrale in Studi giuridici europei (D.M. 270/2004) [f004-c503]

Anno

1° anno

Tipologia

Caratterizzante o A scelta in tutti i corsi di studio del Dipartimento

Crediti/Valenza

SSD dell'attività didattica

IUS/02 - diritto privato comparato

Modalità di erogazione

Tradizionale

Lingua di insegnamento

Inglese

Modalità di frequenza

Obbligatoria

Tipologia d'esame

Scritto ed orale

Oggetto:

Obiettivi formativi

The course aims to explore salient aspects of European private law in relation to globalization, with respect to different legal experiences. Students are encouraged to think critically and offer their own opinions. The course will serve as a basis for practice or research in this broad area of law and will offer a legal perspective also inspired by the literature from social sciences and humanities.

Oggetto:

Risultati dell'apprendimento attesi

On successful completion of this course students will be able to:

- critically reflect on key principles and the functioning of the European Union institutions;

- synthesize in writings their critical thinking on the EU private law ;

- demonstrate ability to use legal analytical skills, legal research and writing in this specialized area of law.

Oggetto:

Modalità di insegnamento

The course is articulated in 3 UNITS: the first part of the course will be taught by Ugo Mattei during the I semester (Autumn). The second and the third parts respectively by Barbara Pasa and Edoardo Ferrante during the II semester (Spring).

Oggetto:

Modalità di verifica dell'apprendimento

UNIT 1 (Ugo Mattei)

UNIT 2 (Barbara Pasa). Grades will be based on a research paper (60%) and on a class presentation (40%).

UNIT 3 (Edoardo Ferrante). Grades will be based on a class moot court competition (60%) and on the assessment of the written pleadings (40%).

Oggetto:

Programma

UNIT 1 (Ugo Mattei). The first unit of the course will explore the roots of the European legal tradition in private law. It will mostly be devoted to the development of the fundamental cultural understanding of the idea of private law from early modernity to the current projects. It will be an inquiry into its ideological construction as a support of the rising model of extractive capitalism. Notions such as private property, state sovereignty, limited corporate liability, general freedon of contract and fault liability in contracts will be analized and explained in this framework.

UNIT 2 (Barbara Pasa). After an overview of the conceptual differences between unification, uniformisation and harmonisation of the laws, this second unit will analyse the harmonisation process of private law within the European Union and its Memeber States, as established by the EU Treaties (i.e. mainly through Regulations, Directives and Court of Justice's case law). Adopting a horizontal and interdisciplinary approach, special attention will be devoted to fundamental questions in the field of European contract law (Principles of European Contract Law, Acquis Principles, the Common Frame of Reference, in comparison with international soft law measures, as well as the Unidroit Principles) and European consumer law. Terminology discrepancies will be considered, both those arising from case-law and those arising from European drafting shaped on national taxonomies.

UNIT. 3. (Edoardo Ferrante). The third unit of the course, through a more advanced and case-law based approach, focuses on the topic «International sales law from the Vienna Convention (CISG) towards the EU regulation on a Common European Sales Law (CESL)». Commercial transactions (business-to-business contracts, B2B) and the distribution of consumer goods (business-to-consumer, B2C) on a large scale are widespread all over Europe thanks to cross-border, in distance and off-premises sales contracts. For this reason such contracts play a fundamental role both in contractual practice and theory.

At present a set of international specific rules on this topic is not available: it is true that most european countries have implemented the Vienna Convention, but nevertheless this latter is only concerned with business sales, it materially covers limited areas and it may be excluded through an opting-out agreement, by means of a mass reference to the law applicable by virtue of the rules of private international law. Yet, the EU-regulation on a Common European Sales Law (CESL) is to be approved soon. Those provisions will also deal with B2C-contracts for sales of goods, they will include far broader rules even about in distance transactions, but their applicability will require a specific opting-in agreement. Moreover, as soon as the CESL is approved in its final version, the huge overlapping of the two sources (CISG and CESL) will certainly enrich the european legal framework, but it will also raise several issues. Yet, while the CISG has a solid case-law background – the number of italian decisions is also increasing – for the moment the CESL only has a significant amount of preliminary works behind. Therefore taking the CISG seriously at the very moment in which the future EU regulation is being discussed sounds natural; at the same time revising the CISG-case law will clarify if and to what extent the CISG can be used as a source of inspiration for the drafting and interpretation of the CESL itself. This will lead to a more coherent interaction among the rules on international sales at the european level.

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