Ateneo - UPO

The course will be structured in two parts. The first part will instead focus on the analysis of European contract law, the concept of commercial contracts, the distinction between “unilaterally” and “bilaterally” commercial contracts, and the specific aspects of consumer protection. The second part of the course will be devoted to the analysis of the unlimited liability of the debtor and to security property rights (with particular regard to security instruments serving business activities).

For attending students: -         A. Chianale (a cura di), Garanzie reali e personali, con la collaborazione di G. Terlizzi-S. Campolattaro-M. Martelli, II edizione, Giappichelli, 2023, ISBN 9791221103144.  -         A. Barenghi, Diritto dei consumatori, 3a ed., Wolters Kluwer, 2024, ISBN 9788813385873, restricted to the following parts: Cap. I; Cap. II; Cap. III (§ 1; § 2; § 3; § 4; § 5; § 6; § 7; § 13; § 14; § 16); Cap. IV (§ 1; § 2; § 3); Cap. V (§ 1; § 2; § 4; § 6; § 7; § 8; § 9); Cap. VII; Cap. VIII; Cap. IX; Cap. XII (§ 8; § 9; § 11). -         Additional material to be provided during lectures, together with the slides and lecture notes. For non attending students: -         A. Chianale (a cura di), Garanzie reali e personali, con la collaborazione di G. Terlizzi-S. Campolattaro-M. Martelli, II edizione, Giappichelli, 2023, ISBN 9791221103144.-         C.M. Bianca, Diritto civile. 5. La responsabilità, 3a ed., Giuffré, 2021, ISBN 9788828814344, limitatamente ai paragrafi da n. 175 a 200 (compresi).-         A. Barenghi, Diritto dei consumatori, 3a ed., Wolters Kluwer, 2024, ISBN 9788813385873, restricted to the following parts: Cap. I; Cap. II; Cap. III (§ 1; § 2; § 3; § 4; § 5; § 6; § 7; § 13; § 14; § 16); Cap. IV (§ 1; § 2; § 3); Cap. V (§ 1; § 2; § 4; § 6; § 7; § 8; § 9); Cap. VII; Cap. VIII; Cap. IX; Cap. XII (§ 8; § 9; § 11).For both attending and non-attending students, it is essential, in both lectures and individual study, to refer to the Italian Civil Code and fundamental supplementary laws, ensuring an update to at least the 2024 edition (commercially available collections include those edited by G. De Nova, Codice civile e leggi collegate, Zanichelli, 2026).

The course aims to examine the concept of unlimited liability of the debtor and security property rights (with particular regard to security instruments serving business activities). Moreover, the course will focus on the analysis of European contract law, the concept of commercial contracts, the distinction between “unilaterally” and “bilaterally” commercial contracts, and the specific aspects of consumer protection.

In addition to the prerequisites outlined in the academic regulations, which must be met in order to take the exam, a good knowledge of the fundamentals of private law is required, particularly regarding the law of obligations and contracts.

Face-to-face lectures, group assignments and guest speakers will speak about their own field of expertise in class or give separate lectures.

Starting from 1st January 2023 the exams, according to art. 35 of the Regolamento di Ateneo the student is allowed to appear at the roll call no more than three times (it is the same for insufficient, absent or withdrawn). Students with physical disabilities, Learning Disabilities or Special Education Needs can request specific services and tools via the Staff Sviluppo e Coordinamento Carriere e Servizi alle Studentesse e agli Studenti, consulting the University webpage: https://www.uniupo.it/en/services/servicesstudents-physical-or-learning-disabilities Students with disabilities, learning disabilities or special education needs, once they have contacted the University Staff, can refer to the tutor in charge of the course to define the examination modalities, concerning academic aspects.

Oral exam. For attending students, written assignments will be evaluated.

The oral exam generally consists of three questions. Students can earn 10 points for each question.

The exam assesses the student's ability to apply the knowledge they have acquired. To pass, the student must demonstrate knowledge and understanding of at least the fundamental concepts, explaining the topics clearly. A broader knowledge and understanding of the course content leads to a grade above the minimum pass mark; to achieve an excellent grade, the student must be able to independently apply their knowledge and understanding of the course material through an in-depth discussion of the topics and by presenting their conclusions in a clear, logical manner.
By the end of the course, the student will be able to: define the key legal concepts of European contract law and the system of creditor protection; describe the relevant conceptual categories; use legal terminology appropriately; and summarize the main regulatory content of the relevant provisions.

In the first part of the course, the following topics will be examined: - The structure of European contract law; - Techniques of negative and positive integration; - The theory of market failures and corrective mechanisms; - The applicable law to contracts; - “Unilateral commercial contracts” (business-to-consumer); - Distance contracts and contracts negotiated outside commercial premises; - Regulation of standard contract terms; contractual standardization; unfair terms; - The sale of consumer goods; - Credit agreements for the purchase of consumer goods; - “Bilateral commercial contracts” (business-to-business). In the second part of the course, the following topics will be examined: - unlimited liability of the debtor; - Patrimonial guarantees; - Instruments for the preservation of patrimonial guarantees; - Privileges; - The right of pledge; - The rights of hypothec.

INTEGRATION OF THE GENDER DIMENSION Particular attention is paid to the gender dimension throughout the course. This topic will be examined with reference to the forms of discrimination regulated by European law within the contractual context and to gender-based protection.

The course aims to develop: 1. Autonomy in addressing legal issues concerning liability of the debtor and security property rights (with particular attention to guarantees serving business activities), as well as in European contract law, the concept of commercial contracts, and the specific aspects of consumer protection. 2. Knowledge and understanding, enabling students to achieve an adequate mastery of the subjects covered. 3. Ability to apply knowledge and understanding, with particular reference to the analysis and resolution of case law discussed during the course. 4. Independent judgment, understood as the ability to critically and autonomously assess the use of different legal instruments in resolving specific disputes. 5. Communication skills, through the acquisition and proper use of the technical language of civil law. 6. Learning skills, by developing a critical approach to reading and interpreting judicial decisions in the subjects under study.