Commercial Law

Francesca ATTANASIO Commercial Law

0212700007
DEPARTMENT OF MANAGEMENT & INNOVATION SYSTEMS
EQF6
BUSINESS MANAGEMENT
2023/2024



OBBLIGATORIO
YEAR OF COURSE 2
YEAR OF DIDACTIC SYSTEM 2014
SPRING SEMESTER
CFUHOURSACTIVITY
1060LESSONS
Objectives
THE COURSE INTENDS TO PROVIDE STUDENTS WITH THE NECESSARY TOOLS FOR 1) KNOWLEDGE OF THE FUNDAMENTAL INSTITUTES OF COMMERCIAL LAW AND TO 2) CONSULTATION AND UNDERSTANDING OF LEGISLATIVE AND JURISPRUDENTIAL TEXTS IN A CONSTITUTIONAL AND CONSTITIOUS ITALIAN CONSTITIONAL PRINCIPLES.
KNOWLEDGE AND UNDERSTANDING
THE COURSE IS INTENDED TO MAKE STUDENTS ACQUIRE:
- KNOWLEDGE OF THE SOURCES, CONCEPTS AND FUNDAMENTAL PRINCIPLES OF THE TRADE LAW;
- THE ABILITY TO UNDERSTAND AND ANALYSIS OF THE GENERAL PRINCIPLES OF COMMERCIAL LAW.
ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING
THE COURSE IS ALSO INTENDED TO LET STUDENTS ACQUIRE:
- THE ABILITY TO CONSULT LEGISLATIVE AND JURISPRUDENTIAL TEXTS AND EXTRACT THE INFORMATION NECESSARY TO CARRY OUT ADVISORY ACTIVITIES, AS WELL AS TO ANALYZE THE IMPACT OF LAW RULES ON THE ACTING OF THE SUBJECTS OF THE ORDER;
- AUTONOMY OF JUDGMENT, COMMUNICATION SKILLS AND LEARNING ABILITY TO RESOLVE PROBLEMS AND QUESTIONS OF COMMERCIAL LAW INSERTED IN WIDER CONTEXTS, RELATED TO THE SECTOR OF STUDY OF LEGAL AND ECONOMIC SCIENCES.
Prerequisites
THE STUDENT MUST HAVE PASSED THE PRINCIPLES OF PRIVATE LAW EXAM BEFORE ATTENDING THE COMPANY LAW EXAM.
Contents
-THE ENTREPRENEUR: FREEDOM OF PRIVATE ECONOMIC ACTION; CONCEPT, CATEGORIES, RULES. THE ENTREPRENEUR COLLABORATORS. HALL MARKS AND COMPETITION. PUBLICITY AND ACCOUNTING ENTRIES. CONSORTIA (12 H LESSON)
-PARTNERSHIPS. NON-BUSINESS ASSOCIATION. PARTNERSHIP. LIMITED PARTNERSHIP (12 H LESSON)
-BUSINESS CORPORATIONS. JOINT STOCK COMPANIES. LIMITED JOINT STOCK PARTNERSHIPS. LIMITED LIABILITY COMPANIES (26 H LESSON).
-COMPANY GROUPS (1 H LESSON).
-CO-OPERATIVE COMPANIES (1 H LESSON).
-MERGERS AND ACQUISITIONS (2 H LESSON).
-DEBT SECURITIES (2 H LESSON).
-BUSINESS CONTRACTS (2 H LESSON).
-INSOLVENCY PROCEEDINGS: JUDICIAL LIQUIDATION (2 H LESSON)
Teaching Methods
LESSONS ARE CARRIED FOR A TOTAL OF 60 HOURS. THERE WILL BE FRONTAL LESSONS, AS WELL AS EXERCISES AND SEMINARS HELD BY EXPERTS IN ORDER TO EXAMINE CASE-STUDIES. ATTENDANCE IS NOT MANDATORY BUT PARTECIPATIONS IN THE FRONTAL TEACHING IS STRONGLY RECCOMENDED.
Verification of learning
THE FINAL TEST CONSISTS OF AN ORAL EXAM IN ORDER TO VERIFY LEARNING IN A DOUBLE PERSPECTIVE: THEORETICAL AND PRATICAL.
THEORETICALLY, THE STUDENT HAS TO PROVE TO KNOW THE CONTENTS OF THE COURSE WITH PARTICULAR REFERENCE TO THE DISCIPLINE AND THE SOURCES OF COMMERCIAL LAW, ENTERPRISE, COMPANY LAW, INSOLVENCY PROCEEDINGS, DEBT SECURITIES AND BUSINESS CONTRACTS, EXPOSING AT GREATER LENGHT AND IN AN EXHAUSTIVE WAY ON SPECIFIC SUBJECTS, - COMMUNICATING WITH AN APPROPRIATE LANGUAGE, WITH INTERLOCUTORS SPECIALISED AND NOT SPECIALISED, THE KNOWLEDGE ACQUIRED ON THE SUBJECT AND THE REASONING BEHIND THE REGULATORY PROVISIONS; SYSTEMATICALLY LINKING THE INSTITUTIONS COVERED BY THE DISCIPLINE.
AS FAR AS THE PRACTICAL SIDE IS CONCERNED, THE STUDENT HAS ALSO TO DEMONSTRATE, WITH REGARD TO THE LEGAL CASES PROPOSED DURING THE TEST, TO KNOW HOW TO CONSULT THE NORMATIVE REFERENCE AND EXTRACT THE INFORMATION REQUIRED FOR GIVING AN OPINION; TO KNOW HOW TO COME UP WITH SOLUTIONS; TO KNOW HOW TO KEEP ON STUDYING THE SUBJECT AUTONOMOUSLY.
THE FINAL MARK IS GIVEN IN THIRTIETHS AND IS OBTAINED AS THE AVERAGE OF THE EVALUATIONS GAINED ON THE TWO THEORETICAL AND PRACTICAL LEVEL.
THE MINIMUM EVALUATION POINT (18) IS ASSIGNED WHEN THE STUDENT HAS A FRAGMENTARY KNOWLEDGE OF THE THEORETICAL CONTENTS OR TURNS OUT TO HAVE A LIMITED ABILITY OF LINKING LEGISLATIVE REFERENCES TO THE CONTEXT OF STUDY. THE MAXIMUM LEVEL (30) IS ASSIGNED WHEN THE STUDENT DEMONSTRATES A DEEP AND THOROUGH KNOWLEDGE OF THE THEORETICAL CONTENT OR SHOWS REMARKABLE SKILLS IN CONNECTING THE LEGISLATIVE REFERENCES WITH THE CONTEXT OF STUDY. HONOURS ARE GRANTED WHEN THE CANDIDATE AN EXCELLENT GRASP OF THE THEORETICAL AND OPERATIONAL ISSUES AND SHOWS HOW TO DISPLAY THE TOPICS WITH SIGNIFICANT PROFICIENCY IN LANGAUGE AND AUTONOMOUS PROCESSING SKILLS EVEN IN FIELDS NOT COMPLYING WITH THOSE PROPOSED BY THE TEACHER.
STUDENTS ATTENDING CLASSES CAN TAKE PART TO SOME MIDTERM EXAMINATIONS CONSISTING IN WRITTEN OR ORAL TESTS. THESE OPPORTUNITIES ARE DEVELOPED TO ANALYZE, AND WHERE APPROPRIATE CORRECT, THE STUDENT'S METHOD OF STUDYING IN ORDER TO ENSURE THE GROWTH OF CRITICAL SKILLS ON THE ISSUES INVESTIGATED DURING THE COURSE. VERIFICATIONS ARE OPTIONAL AND NOT BINDING FOR THE FINAL EXAM; THEY DEPEND ON ORGANISATIONAL FACTORS AND ON THE INTEREST SHOWN BY COURSE STUDENTS. THE NUMBER AND CHARACTERISTICS OF THESE VERIFICATIONS WILL BE DETERMINED DURING THE COURSE.
Texts
AA.VV., PROFILI SISTEMICI DEI RAPPORTI GIURIDICI D'IMPRESA, A CURA DI R. VITOLO E M.
IMBRENDA, MILANO, 2020

OR OTHER TEXT SHOULD BE INDICATED BY THE DOCENT START OF THE COURSE.
IT'S NECESSARY THE CONSULTATION OF THE CIVIL CODE AND THE SPECIAL CURRENT LAWS
More Information
IT IS HIGHLY RECOMMENDED THAT STUDENTS USE AN UP-TO-DATE CIVIL CODE AND COMPLEMENTARY LEGISLATION.
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