PRIVATE LAW

Giuseppe LICCARDO PRIVATE LAW

1222300012
DIPARTIMENTO DI SCIENZE ECONOMICHE E STATISTICHE
EQF7
GOVERNMENT AND ADMINISTRATION SCIENCES
2017/2018

OBBLIGATORIO
YEAR OF COURSE 1
YEAR OF DIDACTIC SYSTEM 2016
SECONDO SEMESTRE
CFUHOURSACTIVITY
1060LESSONS
Objectives
KNOWLEDGE AND UNDERSTANDING. THE STUDENT WILL LEARN THE BASICS OF THE DISCIPLINE OF CONTRACTS. HE WILL KNOW THE PRINCIPLES AND RULES GOVERNING THE ITALIAN LEGAL SYSTEM ALSO BY ANALYZING CASES LAW WITH A CRITIC APPROACH. THE STUDENT WILL ACQUIRE CRITICAL CAPACITY THROUGH THE CONCEPTUAL TOOLS THAT ARE FUNCTIONAL TO LEARNING. PARTICULAR ATTENTION WILL BE GIVEN TO THE FUNDAMENTAL CONCEPTS CONCERNING CONTRACT LAW AND, IN PARTICULAR, TO PUBLIC CONTRACT LAW.
ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING. THE STUDENT WILL BE ABLE TO INTERPRET NORMATIVE TEXTS, APPLY LEGAL KNOWLEDGE TO CONCRETE SITUATIONS, HYPOTHESIZE THE LEGAL CONSEQUENCES OF DIFFERENT BEHAVIORS OF CONTRACTUAL PARTIES. HE WILL BE ABLE TO QUALIFY THE CASE BY IDENTIFYING THE APPLICABLE RULE TO THE CONCRETE LEGAL RELATIONSHIPS; HE WILL HAVE THE NECESSARY CRITICAL SENSE TO UNDERSTAND LEGISLATIVE AND MARKET CHOICES. STUDENTS WILL HAVE THE CAPACITY TO REPRESENT AND DISCUSS EFFECTIVELY THE RESULTS OF THEIR WORK, USING LITERATURE AND NATIONAL AND INTERNATIONAL ON-LINE DATABASES.
Prerequisites
THE PROGRAM HAS BEEN DRAWN UP IN COORDINATION WITH PROGRAMS OF OTHER LEGAL, ECONOMIC AND BUSINESS SUBJECTS
Contents
SOURCE OF LAW CONCERNING CONTRACTS.
CONTRACT INTERPRETATION
CONTRACTUAL AUTONOMY
CONTRACT REQUIREMENTS
CONTRACTUAL FREEDOMS
CONTRACT AND PUBLIC CONTRACT FORMATION
AGENCY IN PUBLIC CONTRACTS
CONTRACTING PARTY CHOICE IN PUBLIC CONTRACTS
PUBLIC CONTRACTS CLASSIFICATION
PROCUREMENT CONTRACTS
PUBLIC PARTNER CONTRACTS
IN HOUSE CARE
PROJECT FINANCING
CONTRACT DISCHARGING
CONTRACT AND PRECONTRACTUAL LIABILITY IN PUBLIC CONTRACTS.
Teaching Methods
LECTURES, SEMINARS ALSO HELD BY SCHOLARS FROM FOREIGN UNIVERSITIES AND PRACTITIONERS, EXERCISES AND DISCUSSION ON CASE LAW.
Verification of learning
THE ACHIEVEMENT OF THE OBJECTIVES IS CERTIFIED BY PASSING AN EVALUATION TEST WITH JUDGMENT EXPRESSED IN 30TH. THE EXAM PROVIDES FOR A NON-MANDATORY MIDTERM TEST, AND AN ORAL EXAM, ON SUBJECTS INDICATED.
THE MIDTERM TEST WILL INCLUDE 5 MULTIPLE-CHOICE QUESTIONS AND 4 OPEN-ENDED QUESTIONS (QUESTIONS WILL INCLUDE: 5 MULTIPLE QUESTIONS ON CONTRACTUAL SOURCE OF LAW, CONTRACT INTERPRETATION, CONTRACTUAL AUTONOMY, CONTRACTS REQUIREMENTS, CONTRACTUAL FREEDOMS, AGENCY, CONTRACTING PARTY CHOICE IN PUBLIC CONTRACTS). IN THE ORAL EXAMINATION, 6 OPEN ORAL QUESTIONS WILL BE ASKED (QUESTIONS WILL INCLUDE QUESTION ON: PUBLIC CONTRACTS CLASSIFICATION, PROCUREMENT CONTRACT, PUBLIC PARTNER CONTRACTS, IN HOUSE CARE, PROJECT FINANCING, CONTRACT DISCHARGING, CONTRACT AND PRECONTRACTUAL LIABILITY IN PUBLIC CONTRACTS).
THE MIDTERM TEST WILL TAKE PLACE IN THE SECOND HALF OF THE COURSE AND LASTS 45 MINUTES. THE ORAL TEST WILL TAKE PLACE ON THE DATES SET OUT IN OFFICIAL CALENDAR AND LASTS 20 MINUTES. FOR THE EVALUATION, DURING THE MIDTERM TEST, A SCORE OF 2 FOR EACH CORRECT MULTIPLE RESPONSES AND 0 POINTS FOR EACH INCORRECT OR UNSPECIFIED MULTIPLE RESPONSES WILL BE ASSIGNED AND A SCORE FROM 0 TO 10 FOR EACH OPEN RESPONSE (ACCORDING TO THE FOLLOWING SCALE OF VALUES: SEVERELY INADEQUATE, INSUFFICIENT, SUFFICIENT, DISCREET, GOOD): FOR A TOTAL OF 30 POINTS. DURING THE ORAL EXAM, THE STUDENT'S EXPOSURE WILL BE SCORED AT A SCORE OF 1 TO 5 FOR EACH QUESTION, FOR A TOTAL OF 30 POINTS, ACCORDING TO THE FOLLOWING SCALE: SEVERELY INADEQUATE; INSUFFICIENT; ENOUGH; DISCREET; GOOD. THE MIDTERM TEST AND THE ORAL TEST ARE OVERCOME WITH A MINIMUM VOTE OF 18/30. THE MIDTERM TEST AND THE ORAL EXAM AIM TO EVALUATE THE STUDENT'S UNDERSTANDING AND KNOWLEDGE, MANAGING THE TOOLS, AND THE ABILITY TO APPLY KNOWLEDGE TO SOLVE PRACTICAL PROBLEMS. THE FINAL EVALUATION WILL RESULT FROM THE AVERAGE BETWEEN THE MIDTERM TEST AND THE ORAL EXAM, UNLESS THE STUDENT REFUSES THE MIDTERM TEST EVALUATION. IN THIS CASE, THE ORAL EXAMINATION (30 MIN.) WILL COVER ALL THE PROGRAM, INCLUDING THE TOPICS FOR THE MIDTERM TEST. THE EXAM PROVIDES FOR AN ORAL TEST IN WHICH NO. 6 OPEN QUESTIONS WILL BE ANSWERED BY THE LECTURER (QUESTIONS WILL CONCERN THE FOLLOWING TOPICS: SOURCE OF LAW CONCERNING CONTRACTS, CONTRACT INTERPRETATION, CONTRACTUAL AUTONOMY, CONTRACT REQUIREMENTS, CONTRACTUAL FREEDOMS, CONTRACT AND PUBLIC CONTRACT FORMATION, AGENCY IN PUBLIC CONTRACTS, CONTRACTING PARTY CHOICE IN PUBLIC CONTRACTS, PUBLIC CONTRACTS CLASSIFICATION, PROCUREMENT CONTRACTS, PUBLIC PARTNER CONTRACTS, IN HOUSE CARE, PROJECT FINANCING, CONTRACT DISCHARGING, CONTRACT AND PRECONTRACTUAL LIABILITY IN PUBLIC CONTRACTS.). THE TEST IS OVERCOME WITH A MINIMUM VOTE OF 18/30.
Texts
PART CONCERNING PUBLIC CONTRACTS
A. FEDERICO, AUTONOMIA E DISCREZIONALITÀ AMMINISTRATIVA, ESI, NAPOLI, 1999, PP. 10-81
PART CONCERNING CONTRACTUAL AUTONOMY
PERLINGIERI, ISTITUZIONI DI DIRITTO CIVILE, NAPOLI, LAST ED.
GAZZONI, MNAUALE DI DIRITTO PRIVATO, NAPOLI, LAST ED.
BOCCHINI-QUADRI, DIRITTO PRIVATO, TORINO, LAST ED.
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SUGGESTED READINGS
CASE LAW, SLIDES
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