Teaching code

4S000617

Teacher

Carlo Pelloso

Coordinator

Carlo Pelloso

Credits

6

Also offered in courses:

• Foundations and Models in Sales Law of the course Master's degree in Law for Technologies and Sustainable Innovation

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/18 - ROMAN AND ANCIENT LAW

Period

1° periodo lezioni (1A) dal Sep 18, 2023 al Oct 28, 2023.

Courses Single

Authorized

Lessons timetable Moodle Seminars 0

Learning objectives

The course’s main goal is to highlight the most significant features of the conceptual models in the frame of sales contract through a diachronic analysis, which goes back to the foundations of this contract in Roman Law: the course will specifically focus on the responsibility of the seller, the guaranties connected to the sales contract (for material and juridical defects) and the remedies in favor of the buyer. The course will concentrate on the different dogmatic structures of obligatory sales and in rem sales. The field of sales contract offers the opportunity to point out the two thousand-year-old stratification of structures and theoretical solutions, which today’s approach still look at (for this reason, several court cases will be presented). At the end of the course, students will develop the ability to formulate, in an autonomous and critical way, judgements and elaborated arguments on the main legal questions dealt with in class.

Prerequisites and basic notions

Roman Law Institution and Private Law Institution are the preparatory exams for this course.

Program

Program and teaching methods
The in-person lessons (5 CFU, 30 hours) will focus on specific topics, such as:
- Sale as a contract for reciprocal performance.
- 'Building' protections in the presence of defects: redhibitory and estimatory.
- Non-fulfilment and liability.
- Eviction. - Comparison with new models in terms of sales: the obligation of conformity.
- Specific problems in terms of sales contracts.
The distance lessons (1 CFU, 6 hours) will be in asynchronous mode, and will consist of a laboratory in a professional teaching key aimed at supporting the writing of a paper that includes the analysis and commentary of individual sentences issued by Italian and European courts.
ERASMUS students are requested to contact the teacher at the beginning of the course to agree on the program and methods of the exam.

Bibliography

Didactic methods

The lectures will analyse sentences of Italian and European courts from which dogmatic and reconstructive issues of particular interest emerge.
Beside the traditional lesson, classes aim at stimulating student’s juridical reasoning through active participation, particularly stimulating the analysis and discussion of the cases that will be introduced.

Learning assessment procedures

Objectives of the assessment test.
The aim of the exam will be to assess the student's knowledge of the program, with particular attention to the development of critical reasoning in relation to specific legal problems.
Contents and methods of the assessment test
For attending students, the exam will be oral and will focus on the topics covered in class. For non-attending students, the exam will be oral and will focus on the complete study of the volume indicated in the Bibliography section.
For ERASMUS students, the exam will consist - at the discretion of the student and by agreement with the teacher - of an oral interview or a written paper, in Italian or English, on the part of the program previously agreed with the teacher. During the first hours of the course, the methods and types of the test will be illustrated in detail.
Language used in the final exam.
The learning assessment will be carried out in Italian. ERASMUS students will be able to choose whether to take the exam in Italian or English, after having agreed with the teacher.

Evaluation criteria

Valuation criteria and explanation of the final mark
The final evaluation is expressed in thirtieths (30/30). The evaluation 30 cum laude is linked to the following assessment of the examination: complete autonomy of the student, complete control of the discipline, particularly appreciable critical and argumentative capacity of the student.

Criteria for the composition of the final grade

The evaluation between 18 and 20 corresponds to a sufficient, yet low and basic, knowledge of the contents; the evaluation between 20 and 25 shows a more than sufficient/discreet knowledge of the contents; the evaluation between 25 and 29 shows a good or very good knowledge of the contents together with commendable critical skills. The evaluation between 30 and 30 cum laude corresponds to a very good or excellent knowledge together with high critical, analytical and connection skills.

Exam language

Italiano