Teaching code

4S000617

Teacher

Carlo Pelloso

Coordinatore

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

1st lecture period (1A) dal Sep 15, 2022 al Oct 27, 2022.

Lessons timetable Moodle Seminars

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 is the preparatory exam for this course.

Program

Programme and teaching methods of Fundamentals and models in sales law IUS-18.
The lessons will focus on specific topics, such as:
- 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.
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.
Remote lectures (1 CFU, 6 hours)
- Workshop in the field of professional training aimed at supporting the writing of a paper that includes the analysis and commentary of individual judgments made by the Italian and European courts.
During classes, cases of Italian and European courts, in which dogmatic and reconstructive issues clearly emerge will be analyzed.
Lectures in presence (5 CFU, 30 hours)
- 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.

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 examinations
The exam’s goal will be to ascertain the student's knowledge of the syllabus, with particular regard to the development of critical reasoning in relation to specific legal problems.
Contents and modalities of examinations
For attending students, the examination will be oral and will focus on the topics covered in the lecture.
For non-attending students, the examination will be oral and will focus on the complete study of the book:
- T. DALLA MASSARA, Fondamenti e modelli nel diritto della vendita, Jovene, Napoli, 2020.
For ERASMUS students, the exam will consist - at the student's discretion and after the agreement with the lecturer - of an oral interview or a written paper, in Italian or English, on the part of the programme agreed in advance with the lecturer.
Language used in the final exam:
The learning assessment will be carried out in Italian.
ERASMUS students may choose to take the test in Italian or in English, by prior agreement 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. The study of the special part will also be taken into account in the evaluation of the critical capacity.

Exam language

Italiano.