Business, Bank and Consumer Contracts
A.Y. 2024/2025
Learning objectives
The course aims to provide students with a theoretical and practical framework for the private regulation of business, consumer and banking contracts. Specifically, the course aims to enable students to:
Acquire knowledge and understanding of the methods and purposes by which contract law regulates business activities in general, with specific reference to consumer contracts and the banking context;
Develop the ability to critically address legal issues related to business contracting through the re-elaboration of the concepts learned;
Strengthen the technical language related to the subject matter;
Connect various topics to develop proposals for solving concrete cases, also through case-based lessons conducted with active student participation.
Acquire knowledge and understanding of the methods and purposes by which contract law regulates business activities in general, with specific reference to consumer contracts and the banking context;
Develop the ability to critically address legal issues related to business contracting through the re-elaboration of the concepts learned;
Strengthen the technical language related to the subject matter;
Connect various topics to develop proposals for solving concrete cases, also through case-based lessons conducted with active student participation.
Expected learning outcomes
By the end of the course, students will have:
Achieved adequate knowledge and effective understanding of the institutions analyzed and learned the specific function of each;
Developed analytical skills that allow them to frame cases, interpret regulations, and apply them to concrete situations;
Acquired communicative and expository skills that enable them to express their knowledge with mastery of legal language, coherent argumentation, and systematic rigor;
Gained an in-depth knowledge of the topics covered in class, enabling them to independently expand and update the acquired competencies.
Achieved adequate knowledge and effective understanding of the institutions analyzed and learned the specific function of each;
Developed analytical skills that allow them to frame cases, interpret regulations, and apply them to concrete situations;
Acquired communicative and expository skills that enable them to express their knowledge with mastery of legal language, coherent argumentation, and systematic rigor;
Gained an in-depth knowledge of the topics covered in class, enabling them to independently expand and update the acquired competencies.
Lesson period: First semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
First semester
Course syllabus
The course focuses on the private regulation of business contracting, with particular reference to consumer and banking contexts. The following topics will be covered:
Private autonomy and business private autonomy
Types of business contracts: symmetric and asymmetric contracts
Market failures, competition, and contract regulation: European regulation, banking contracts transparency
Form of consumer and banking contracts: form as weaker party protection
Withdrawal rights in consumer and banking contracts
Substantive control of consumer contracts: unfair terms
Substantive control of banking contracts (ius variandi, loan remuneration, usury)
Asymmetric contracts between businesses: abuse of economic dependence and regulation of late payments
Banking contracts
Private autonomy and business private autonomy
Types of business contracts: symmetric and asymmetric contracts
Market failures, competition, and contract regulation: European regulation, banking contracts transparency
Form of consumer and banking contracts: form as weaker party protection
Withdrawal rights in consumer and banking contracts
Substantive control of consumer contracts: unfair terms
Substantive control of banking contracts (ius variandi, loan remuneration, usury)
Asymmetric contracts between businesses: abuse of economic dependence and regulation of late payments
Banking contracts
Prerequisites for admission
Knowledge of basic contract law and commercial law is required.
Teaching methods
The course consists of lectures. During the lessons, significant attention will be given to the examination of practical cases.
Teaching Resources
D'Adda-Bachelet, Lineamenti di diritto europeo dei contratti, Giappichelli, 2020 (or more recent editions) (excluding chapter six of the first part and chapter five of the second part).
Callegari-Cavalli, Lezioni sui contratti bancari, Zanichelli, III ed., 2019 (or more recent editions) (excluding chapters 8, 9, 10, 11).
Callegari-Cavalli, Lezioni sui contratti bancari, Zanichelli, III ed., 2019 (or more recent editions) (excluding chapters 8, 9, 10, 11).
Assessment methods and Criteria
For attending students, the methods of assessment will be agreed upon with the class, considering active participation in lessons and the completion of individual or group presentation activities in class. For non-attending students, the final exam will be oral and will consist of an interview aimed at verifying the knowledge and understanding of the course topics, as well as evaluating the student's ability to summarize and rephrase content and their mastery of language. The grade will be expressed out of thirty, with the possibility of honors.
Evaluation will take into account the accuracy and precision of the student's responses, clarity of exposition, coherence of argumentation, as well as the level of critical analysis and re-elaboration skills.
Evaluation will take into account the accuracy and precision of the student's responses, clarity of exposition, coherence of argumentation, as well as the level of critical analysis and re-elaboration skills.
IUS/01 - PRIVATE LAW - University credits: 4
IUS/04 - BUSINESS LAW - University credits: 5
IUS/04 - BUSINESS LAW - University credits: 5
Lessons: 63 hours
Professor:
Dalmartello Andrea
Shifts:
Turno
Professor:
Dalmartello AndreaProfessor(s)
Reception:
Wednesday, h. 14.15
Private Law and Legal History Department