Ateneo - UPO

The course will be structured in two parts. The first part 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). The second part of the course 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.

For attending students:
- C.M. Bianca, Diritto civile. 7. Le garanzie reali-la prescrizione, Giuffré, 2012, ISBN 9788814172083, restricted to paragraphs from n. 1 to n. 32, from n. 90 to n. 171, from n. 185 to n. 308 (included);
- F. Murino, Prime considerazioni sul c.d. pegno non possessorio, in BBTC, 2017, I, pp. 231-288 (available for download in the “Materials” section of the course DIR page);
- A. Barenghi, Diritto dei consumatori, 3a ed., Wolters Kluwer, 2024 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:
- C.M. Bianca, Diritto civile. 7. Le garanzie reali-la prescrizione, Giuffré, 2012, ISBN 9788814172083, restricted to paragraphs from n. 1 to n. 32, from n. 90 to n. 171, from n. 185 to n. 308 (included);
- F. Murino, Prime considerazioni sul c.d. pegno non possessorio, in BBTC, 2017, I, pp. 231-288 (available for download in the “Materials” section of the course DIR page);
- C.M. Bianca, Diritto civile. 5. La responsabilità, 3a ed., Giuffré, 2021, restricted to paragraphs from n. 175 to 218 (included).
- A. Barenghi, Diritto dei consumatori, 3a ed., Wolters Kluwer, 2024 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).

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.

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 P. Perlingieri-M. Angelone, Codice civile, ESI; G. De Nova, Codice civile e leggi collegate, Zanichelli).

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

In the first 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.
In the second 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).

The course aims to develop in students:
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.