BERGAMO
Overview
Date/time interval
Syllabus
Course Objectives
The teaching of Advanced Private Law proposes the deeply knowledge of general discipline of contracts, taking care to ensure understanding, through the proper critical analysis of certain profiles at the center of the doctrinal and jurisprudential debate, while respecting the unique educational-professional nature of matter.
The aim of the course is to enable students to develop appropriate skills of analysis and criticism of the process of knowledge achieved, favoring the acquisition of independent judgment and specialist knowledge of the subject.
At the end of the course, the student will acquire an indispensable theoretical preparation and a wealth of practical knowledge that can be spent in view of the professional activity.
Therefore, the course aims to provide students with
- in-depth knowledge of the topics covered by the course, on the assumption that they have acquired the basic elements during their previous university career;
- the ability to critically address the topics and resolve legal issues through the reworking of what has been learnt;
- the strengthening of the technical language relevant to the subject;
- the ability to link the various topics in order to develop useful proposals for the solution of concrete cases, also through case-based lessons conducted with the active participation of the students.
Course Prerequisites
Compulsory propaedeuticities are published on www.unibg.it/giurisprudenza sezione: Piani di studio.
Teaching Methods
The course is administered through lectures with the aid of slides.
Supplementary teaching on contract drafting techniques and on typical and atypical negotiation clauses will be carried out.
Assessment Methods
The oral test is an interview designed to ascertain possession of the skills and disciplinary knowledge required for the course and consists of a minimum of three questions. These are specifically designed to test the intended learning outcomes and will aim to ascertain a) the knowledge acquired, b) the ability to elaborate and apply knowledge to specific examples, c) the possession of adequate expository ability. The maximum mark is obtained if in all three of these areas the student shows excellent skills. The importance of mastery of the language of the discipline, precision in the use of terms and the ability to articulate reasoning in a clear and complete manner is emphasised in this regard.
30 and 30 cum laude: excellent knowledge of the subject matter, excellent command of language, good analytical ability, the student is able to apply the knowledge to solve the proposed problems;
26-29: good command of the topics, full ownership of language, the student is able to apply the knowledge to solve the proposed problems;
24-25: basic knowledge of the main topics, fair command of language, with limited ability to apply knowledge independently to solve proposed problems;
21-23: not fully grasping the main topics of the teaching but possesses knowledge of them, satisfactory properties of language, limited ability to apply the knowledge independently
18-20: minimal knowledge of the main teaching topics and technical language, very little or no ability to independently apply the acquired knowledge;
INSUFFICIENT: does not possess acceptable knowledge of the content of the topics covered in the teaching
Contents
The course provides, taking into account the main doctrinal and jurisprudential orientations, a complete overview of the issues relating to contracts, with particular attention to the following topics: contractual agreement, cause, object, form, defects of consent; accidental elements; effects of the contract, simulation of the contract; invalidity, termination and rescission; interpretation of the contract.
Of all the theoretical profiles studied, the practical implications are constantly examined, paying particular attention to the analysis of case law, conducted through a constant involvement of students in carrying out research activities aimed at solving concrete cases, the treatment of which will be summarised in such a way as to guide students in identifying possible arguments in support of opposing theses.
The course will also examine contract drafting techniques and the main contractual clauses.
For attending students, some parts of the syllabus may be supplemented or substituted, as indicated by the lecturer, from the notes or material distributed in class.
Online Resources
More information
Attendance at lectures and seminar activities is strongly recommended.
It is advisable to attend lectures by bringing examination texts and an up-to-date civil code.