Ateneo - UPO

The course will be divided into two parts. The first, held in the first semester, will cover the evolution of law and institutions in Italy and Europe from the Early Middle Ages to the first half of the twentieth century. The second part, held in the second semester, will focus on the historical evolution of commercial law, also from the medieval period to the contemporary era. Only this second part will be subject to examination for fifth-year students of the old LMG curriculum who need to attend the cross-listed course on the History of Modern and Contemporary Law.

For the first part of the course, attending students will be permitted to prepare for the exam using their lecture notes and the slides uploaded to the DIR platform. Non-attending students, however, will need to prepare for the exam using: AA.VV., Tempi del diritto. Età medievale, moderna, contemporanea, Torino, Giappichelli, latest edition. For the second part of the course, attending students will be provided (via the DIR page) with lecture content (slides) and supplementary texts to be discussed in class. Non-attending students may consult the same documentation, but to better contextualize it, they must also study the following texts: Gianni Mignone, "Le regole dei mercanti. Introduzione al diritto commerciale", Università degli Studi di Torino, 2022, available as an open-access e-book at: https://iris.unito.it/bitstream/2318/1873660/1/MIGNONE%202022%2C%20Le%20regole%20dei%20mercanti.pdf Stefania Gialdroni, East India Company. Una storia giuridica (1600-1706), Bologna, Il Mulino 2011.

The goal is to acquire historical skills to understand how legal (including commercial) and political institutions have evolved as products of social changes, specifically concerning hierarchies and values. When it comes to commercial law, it's especially important to understand the interconnectedness of economic and market changes, technological development, and the emergence of new needs for legal protection.

None is required. Nevertheless, a solid understanding of fundamental history would be beneficial for better comprehension during the lessons.

The course will be conducted mainly through lectures, with the use of powerpoint slides and documentary examples of contracts, legal opinions or other sources that will be commented on in class and that the student will find uploaded on the Dir platform.

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.

Approximately halfway through each semester's lectures, there will be a mid-term assessment covering the program material already presented. This assessment will consist of two open-ended questions: the first requiring a more comprehensive answer, and the second a more concise one. Students will need to articulate their answers succinctly but precisely, demonstrating their knowledge of the topics covered and their ability to make diachronic connections. The grade will reflect a balance between the two answers, considering not only the knowledge displayed but also the argumentative skill. The final exam will be an oral examination. If a student achieves a satisfactory grade on the mid-term assessment, the final exam will consist of a single question on the remaining portion of the program. However, if the student did not achieve a satisfactory grade or did not take the mid-term assessment, the final exam will comprise three questions covering the entire course program. Students must demonstrate knowledge of the topics discussed and the ability to navigate them diachronically to highlight the evolution of institutions and sources. The final grade will take into account both the written mid-term assessment result and the answer given during the oral exam. This will not be a weighted mathematical average; instead, it will start from the mid-term grade, with the possibility of improving or worsening it based on the oral answer, but without deviating excessively. The evaluation will consider not only acquired knowledge but also transferable skills, such as the ability to argue and discuss issues raised during the course with the instructor.

The first part of the course will chronologically and institutionally trace the developments of European legal systems from the Middle Ages to the Contemporary Era, with a particular focus on the Italian context. Any seminar activities will be announced at the beginning of the course. The second part of the course aims to specifically examine the evolution of commercial law from the Middle Ages to the 19th century. It will highlight its specialized nature, as a product of daily practice (and therefore custom), while conversely emphasizing its "universal" scope as a tool generally used by all merchants in the known world at the time. The analysis will be conducted from two perspectives: Medieval Development of Trade: This includes the challenges faced in its organization (families and companies, the necessity of interest-bearing loans and the prohibition of usury, the birth of the concept of "commercial" companies, the establishment of banks and the introduction of bills of exchange, and the evolution of the insurance system). Existence in the Communes: This covers the corporative organization and political influence of trade, mechanisms for internal dispute resolution, and the statutory regulation of bankruptcy. With the crisis of the communal phenomenon and the spread of Lordships and the first national states, a progressive intervention by the Prince emerged. This intervention aimed first to control and then to directly influence the creation of commercial norms and jurisdiction. Key milestones in this process include the Ordonnances du Commerce et de la Marine of Louis XIV of France (1673-1681) and 19th-century codification, with the promulgation of the Napoleonic Commercial Code of 1807 and its dissemination as a European model. Finally, there will be a brief discussion of the doctrinal debate that led to the unification of the civil and commercial codes in 1942.

The student should acquire the ability to describe the development of the main legal institutions and political institutions discussed, as well as, specifically, that of commercial law institutions. They should know the sources of medieval, modern, and contemporary law and their reciprocal relationships. They should understand the impact on law of various systems of thought, from canon law to philosophical currents such as Natural Law, the Enlightenment, and Positivism.