Teaching code

4S009808

Academic staff

Sara Scola, Stefano Gatti

Coordinator

Sara Scola

Credits

6

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/01 - PRIVATE LAW

Period

2nd lecture period (2B) dal Apr 3, 2023 al May 23, 2023.

Lessons timetable Moodle Seminars 0

Learning objectives

This course is included in the learning area on Internationalization of the markets. It aims at offering students full knowledge of the internal and EU regulatory framework concerning consumer law in the context of market innovation, under the pressure, in particular, of new technologies, and with attention also to the provisions governing B2B relations insofar they are set forth to regulate the distribution chains of goods intended for final consumers.
The different regulatory sources will be studied in depth in order to allow the learning of the essential notions both from a substantive point of view and from the perspective of remedies, including administrative and judicial, for the protection of consumers and weak entrepreneurs.
At the end of the course, the student will have acquired the ability to formulate, autonomously and critically, complex judgments and arguments on the main topics covered by the course.
Students will also acquire the ability to face and solve practical problems typical of the professional context in which they will operate, thus orienting their competence to the goal of contractual compliance and to the prevention of the judicial conflicts. Students will also be able to verify the practical and applicative consequences of the theoretical and regulatory framework and to set, in written and oral form (and also through group work, written exercises and the method of Problem Based Solving - PBS), the solution to concrete issues, using the appropriate and specific disciplinary vocabulary, adopting the correct lines of reasoning and argumentation, and formulating autonomous judgments. The teaching method used is functional to the continuous learning and updating of acquired knowledge.

Prerequisites and basic notions

There are no particular prerequisites

Program

The topics covered in the lessons are the following. I. Introduction to the private law of legal transactions in asymmetric contexts. The protected subjects: consumers, weak professionals, minors. European and national sources. Trend lines, towards ever greater attention to online relationships and the digital market. In particular, consumer law. Fundamental rights and information duties of the professional. II. Unfair commercial practices in relationships between companies and consumers and between companies, in the so-called offline world and in the new digital context. Private and public enforcement. The last frontiers of weakness in the digital market: Platform-to-Business reports. III. Unfair terms in contracts between professionals and consumers, with particular regard to individual and collective remedies. IV. Pre-contractual information in remote and off-premises contracts; V. The new regulation of the sale of consumer goods: protection and remedies for the consumer also in the digital context VI. The responsibility of the producer VII. The Digital Services Act: towards a single market for digital services in Europe. Materials and reference text Attending students: The exam can be prepared on notes, integrated with the material that will be distributed by the course teachers during the lessons. Non-attending students: The reference manual, to be studied limited to the parts indicated, is: A. BARENGHI, Diritto dei consumatori, Milan, 2020, limited to Chapters 1-3 (pp. 1-120), 4 (limited to pp. 121-129), 5-9 (pp. 165-362) and 14 (pp. 619-655). It is also essential to consult the updated reference regulatory sources, including in particular the civil code, European directives and regulations and the consumer code.

Bibliography

Didactic methods

The lectures, aimed at providing students with solid institutional foundations on the main issues of the law of weak contractors, will be alternated with moments of in-depth study and debate in the classroom, through the presentation of group work prepared and presented by the students under the guidance of the teachers.

Learning assessment procedures

Attending students: The exam consists of two parts. The first part consists in the participation in one of the group work that will be proposed by the teachers during the lessons and in the presentation and discussion of the results of this work in class. The second part consists of an oral discussion on the program covered in class. At the student's choice, it is also possible to write a short written essay on one of the topics of the course, which must be delivered within the timescales agreed with the teachers. In the event of a positive evaluation of the thesis, the student will be able to take the final oral exam only on the remaining topics of the course. Non-attending students: Oral exam

Evaluation criteria

acquisition of knowledge critical reasoning skills use of specialized vocabulary

Criteria for the composition of the final grade

Single exam

Exam language

Italiano