G. PRESTI - M. RESCIGNO, Corso di diritto commerciale, 8th Edition, Zanichelli, Bologna, 2019; Volume I (excluded the insolvency procedures, competition and patent law); Volume II: the entire book, with the exception of Lessons XXXII (“Le società cooperative e le mutue assicuratrici”), XXXVI ("Trasformazione, fusione e scissione. Profili di diritto internazionale") and with the exception of paragraph 3.4.3. of Lesson XXXV ("Il bilancio consolidato") (approx. 400 pages in total). The same textbook is available also in a single volume (also published in 2017), which has exactly the same content.
Learning Objectives
KNOWLEDGE
Principles and regulations concerning business, commercial Agreement and organization law. Assets partition and legal personality in corporate law. Partnerships and companies. Cooperatives (principles). The knowledge will be completed through Advacned Comemrcial Law on specific profiles of business law (see section “Course program”).
SKILLS
i) Capacity to deal with major theoretical and practical issues arising from commercial law.
ii) Capacity to find and discuss regulations, cases, and bibliography in order to properly set and solve legal problems.
ABILITY
Critical understanding of the role of business law, with particular reference to wealth creation, financing, innovation. Ability in discussing legal issues based on the construction of business law, including European and international law.
Prerequisites
In order to take the exam, students shall have passed the following exams: General Constitutional Law, and Private Law I.
Teaching Methods
Lectures and exercises (72 hours). Relevant materials will be available through the Moodle Platform.
Further information
The material will be published in the moodle Platform.
Type of Assessment
FINAL EXAMINATION: the exam of commercial law will be supported both by non-attending students and by attending students in oral form. The oral exam includes the interview on the whole program of the course.
EVALUATION CRITERIA: The candidate will be evaluated not only for his/her knowledge of the topic, but also for his/her reasoning skills. During the examination (intermediate or final) candidates will have to show ability to find and discuss the relevant rules for the matter (primarily, the Civil Code), which they will be allowed to read. The candidate will be evaluated not only for his/her knowledge of the topic, but also for his/her reasoning skills.
It is also necessary to show ability to master the general rules of Private law on which Commercial law is based
Course program
Introduction. Historical evolution and current trends of commercial law. Private law of enterprises and companies.
Entrepreneur. Italian regulations regarding the firm in general. Types of entrepreneurs. The business and its transfer. Partnerships and companies in general. The definition of "company". Asset partition and legal personality.
Partnerships: simple partnership, commercial partnership, and limited partnership.