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L82730 European contract law

Scuola di Diritto
Syllabus
Academic Year 2015/16 First Semester

Docente Titolare	Alberto Malatesta
E-mail	amalatesta@liuc.it
Office	"Torre" (main tower), 3rd floor
Phone	0331 572372

Learning Objectives

At the end of the course the student will be able:

to pinpoint the rules governing contracts within the European Union;
to cope with the main issues concerning contractual matters, with special reference to sale contracts.

Learning targets

This course aims at providing students with a thorough understanding of the complex system of rules governing contracts within the European Union. This will be achieved by analysing the acts already adopted by or applied within the European Union in matters of contracts. Special attention will be on sale contracts and the protection tools given to consumers when involved in such transactions. In a global perspective, a comparison with existing international instruments in the same field will also be proposed.

Course Content

Starting from some preliminary remarks on the power of the European Union to regulate private law and the role of the Internal Market goal and different models of market integration in the development of a body of a European contract law, the course will provide a general overview of the existing rules enacted by the European Union in contractual matters. Special focus will be on sales law. A detailed coverage of some of the main acts governing business and consumer sales within the European Union. Due consideration will also be given to the 1980 Vienna Convention on International Sales of Goods (CISG), Consumer Sale Law Directive 1999/44/EC and Directive 1993/13/EEC on unfair terms in consumer contracts. Relevant case-law will also be examined.

Course Delivery

The course will run under a workshop format requiring active students’ involvement. Lectures are held throughout the entire semester. Students are responsible for learning the material before coming to class and for providing a meaningful contribution to the discussion led by the instructor.

In preparing for lectures students are required to know any detail of the required readings.

Students are responsible for consulting on a regular basis the website of the course on “my.liuc.it” where updates, additional material and slides about the course are posted.

Course Evaluation

For students attending classes, grade is based on class participation and on the presentation of the case studies proposed by the teacher. All other students should pass an oral examination.

Syllabus

Session 1 Hours of lesson: 2 Instructor: A. Malatesta	Topics: Introduction to the course What is European Contract Law? Readings:
Session 2 Hours of lesson: 2 Instructor: A. Malatesta	Topics: The (limited) power of the European Union to regulate private law The institutional framework: legal basis, objectives, limits Readings:
Session 3 Hours of lesson: 2 Instructor: A. Malatesta	Topics: The development of European Contract Law in light of the achievement of the Internal Market: the integration of national markets as a ultimate goal Readings:
Session 4 Hours of lesson: 2 Instructor: A. Malatesta	Topics: A different model of market integration: The 2011 Proposal for a Regulation on a Common European Sales Law (CESL) Readings:
Session 5 Hours of lesson: 2 Instructor: A. Malatesta	Topics: Readings: The main acts adopted by the EU (insurance law, employment law and especially consumer law) The characters of the emerging body of the abovementioned substantive EU provisions The continuing need for Private International Law
Session 6 Hours of lesson: 2 Instructor: A. Malatesta	Topics: The unification of Private International Law in the field of contracts after the 1997 Treaty of Amsterdam In particular: Regulation (EU) No 1215/2012, so called Brussels Ia, on jurisdiction and recognition and enforcement of judgments in civil and commercial matters Rome (EC) No 593/2008, so called Rome I, on the law applicable to contractual obligations Readings:
Session 7 Hours of lesson: 2 Instructor: A. Malatesta	Topics: The Sales Contract Law in the EU within the framework of international business law. 1. Business Sales Law The current absence of a EU sales law The role of the 1980 Vienna Convention on International Sales of Goods (CISG) and of other “rules of law” Readings:
Session 8 Hours of lesson: 2 Instructor: A. Malatesta	Topics: The main provisions of the 1980 Vienna Convention Rights and duties of the parties Guarantees Remedies Readings:
Session 9 Hours of lesson: 2 Instructor: A. Malatesta	Topics: An hot issue: standard terms and the battle of forms The 1980 Vienna Convention compared to CESL: is there a need to enact EU sales law? Readings:
Session 10 Hours of lesson: 2 Instructor: A. Malatesta	Topics: Study case / Review questions in the field of business sales law Readings:
Session 11 Hours of lesson: 2 Instructor: A. Malatesta	Topics: 2. Consumer Law within the framework of EU consumer protection The main impact of EU legislation: Consumer Law. The harmonisation achieved by the EU through a number of directives: The market-oriented approach of consumer protection Minimum vs maximum harmonisation Overview of the main directives Readings:
Session 12 Hours of lesson: 2 Instructor: A. Malatesta	Topics: Protection tools provided for by EU provisions Mandatory rules The duty to supply information The right of withdrawal Judicial review of terms The 2011 Proposal for a Regulation on a Common European Sales Law (CESL): the merge of business and consumer sales law into a single system Readings:
Session 13 Hours of lesson: 2 Instructor: A. Malatesta	Topics: 2.1 Consumer Sale Law Directive 1999/44/EC and its implementation in the member States The main provisions of the 1999/44 Directive Scope of application Standard of quality of the goods Readings:
Session 14 Hours of lesson: 2 Instructor: A. Malatesta	Topics: c. Remedies d. Legal and additional guarantees Readings:
Session 15 Hours of lesson: 2 Instructor: A. Malatesta	Topics: 2.2. The review on unfair terms: Directive 1993/13/EEC on unfair terms in consumer contracts The main provisions of the Directive The scope of application The control on unfair terms Readings:
Session 16 Hours of lesson: 2 Instructor: A. Malatesta	Topics: c. The indicative list of terms regarded as unfair d. The means of enforcement Readings:
Session 17 Hours of lesson: 2 Instructor: A. Malatesta	Topics: Study case / Review questions on unfair terms in consumer contracts Readings:
Session 18 Hours of lesson: 2 Instructor: A. Malatesta	Topics: An assessment of the current legislative framework and future developments including private enforcement Readings:

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