Learning objectives
KNOWLEDGE AND UNDERSTANDING
The course aims to explain the rules that govern the functioning of the individual and collective enterprise, with particular attention to the reasons underlying the choices made by the legislator and verifying the extent to which they give rise to an efficient balancing of the involved interests. Where necessary, the course will address the orientations followed by the judiciary in interpreting the most controversial laws and the solutions adopted in other legal systems. The goal is to equip students with the basic concepts of commercial law, allowing them to navigate within national and European legal sources.
ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING
Another objective is to stimulate the critical ability to use the knowledge provided to solve concrete problems with the correct methodologies.
MAKING JUDGEMENTS
The course also aims to develop in students a sensitivity to the issues of digitalization and sustainability within the context of business law. Students will be encouraged to identify solutions for the cases presented during the lessons.
LEARNING SKILLS
For each topic, the course will begin by illustrating the phenomenon that the legislator has regulated, and critically analyze, from an applicative perspective, the adopted laws and the main interpretative orientations.
COMMUNICATION SKILLS
Throughout the course, technical-legal language will be illustrated and applied. The goal is to develop communication skills and the use of technical legal language.
Prerequisites
Knowledge of civil law
Course unit content
The teaching concerns the study of the rule govern the functioning of the individual and collective enterprises.
Once defined the basic concepts, the course will focus on the study of the entrepreneur, with particular attention to assignment of business, IP rights, advertisng and competition.
The second part of the course will be directed to the study of rules of collective enterprise, with specific reference to the disciplines that affect the incorporation, organization, management and liquidation of the different kind of companies ruled by Italian and European law, including issues such as mergers, groups of companies, shareholders' agreements.
Full programme
Introductory Lesson
The Sources. The evolution of commercial law and future perspectives.
The concept of the entrepreneur.
Categories of entrepreneurs.
Acquiring the status of an entrepreneur.
The legal status of the commercial entrepreneur.
The business and the transfer of business.
Intellectual property rights. The trademark, the patent, copyright and related rights.
Competition law. Antitrust law. Unfair competition. Advertising regulations. Unfair commercial clauses.
Consortia among entrepreneurs. The European Economic Interest Group (EEIG). The Network Contract.
Companies. Definition of a company. Types of companies.
Partnerships. The simple partnership. The general partnership. The limited partnership.
Corporations. The joint-stock company. The limited liability company. The limited partnership by shares.
Corporate groups.
Cooperative companies.
Transformation. Merger. Split.
European companies.
Introduction to business crisis.
Bibliography
TCampobasso, Diritto commerciale, vol. I and II, last edition; or Campobasso, Manuale di diritto commerciale, last edition, first part (Imprenditore) and second part (le società). eaching materials (which do not replace the texts mentioned above) can be downloaded from the section dedicated to them (2011-2012) in the teacher's pages. It is advisable that the study is carried out considering a civil code updated
Teaching methods
Lectures on the main topics of the program
Acquiring independent evaluation skills – case studies
Acquiring learning skills – description of topic and critical examination of legislation applied, main guidelines e case law edited on the matter
Acquiring technical language – legal terminology is explained during the course
Assessment methods and criteria
The final assessment takes place through a single oral or written (with multiple answer questions) exam. The honors will be awarded to those particularly deserving students who, in addition to having complied with the requisites necessary to obtain the full evaluation, have overall demonstrated an appreciable systematic knowledge of the topic, a considerable autonomy of judgment, as well as excellent communication skills.
The written exam is a test on Elly consisting in 18 questions with multiple answers, in sequential order. Time to complete the test is 20 minutes. Each correct answer gives 2 points, -1 for each wrong answer, 0 if no response. The test is sufficient with 18 points. In case of 31 or more points, the note is 30 cum laude. Positive results are publishe on the Elly page of the course. Each student can have access to her/his test after completion to verify the correct answers. It is not allowed to use books, minutes and other materials during the test.
Other information
Additional seminars on topics covered in the course may be held according to the availability of external specialists.
See the professor’s webpage for supplementary material.
2030 agenda goals for sustainable development
Industry, innovation and facilities
