Foundations and models in Sales Law
Scientific Disciplinary Sector (SSD)
IUS/18 - ROMAN AND ANCIENT LAW
1° periodo di lezioni dal Oct 2, 2017 al Dec 15, 2017.
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).
Sales as a synallagmatic contract. The aedilician remedies in case of material defects: actio redhibitoria und actio aestimatoria. Nonperformance and responsibility. Juridical defect. Comparison with the new sales models: the obligation of conformity. Specific problems of sales contracts. During classes, cases of Italian and European courts, in which dogmatic and reconstructive issues clearly emerge will be analyzed.
ERASMUS students are kindly requested to contact the Professor at the beginning of the course, in order to agree the exam’s program, which will consist of a written paper about a specific topic.
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.
|R. Schulze, R. Zimmermann, P. Sirena, F.P. Patti
||Diritto privato europeo. Testi di riferimento
|AA. VV. a cura di L. Garofalo
||La compravendita e l'interdipendenza delle obbligazioni
Goals, contents and modality of the exam
The exam’s goal is testing the program knowledge, with regard to the construction of a critical reasoning from the student, as far as specific juridical matters are concerned.
The exam shall be oral for everyone, both attending and non-attending students.
Attending students’ program will be agreed together with the Professor, with the opportunity to discuss a written paper about a specific topic.
Non-attending students are also requested to take contact with the Professor to agree upon the program.
The final evaluation shall be expressed in thirtieth (30/30).