A82730 European contract law

Scuola di Economia e Management
Syllabus
Academic Year 2016/17 First Semester

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 will be provided. Due consideration will also be given to the 1980 Vienna Convention on International Sales of Goods (CISG), the Consumer Sale Law Directive 1999/44/EC and Directive 1993/13/EEC on unfair terms in consumer contracts, as well as to collective redress of consumer rights. 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
26/09/2016
Hours of lesson: 1,5
Instructor: A. Malatesta

Topics:

Introduction to the course

What is European Contract Law?

Readings:

Session 2
29/09/2016
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
03/10/2016
Hours of lesson: 1,5
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
06/10/2016
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
10/10/2016
Hours of lesson: 1,5
Instructor: A. Malatesta

Topics:

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

Readings:

Session 6
13/10/2016
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

Regulation (EC) No 593/2008, so called Rome I, on the law applicable to contractual obligations

 

Readings:

Session 7
17/10/2016
Hours of lesson: 1,5
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
20/10/2016
Hours of lesson: 2
Instructor: A. Malatesta

Topics:

  • The main provisions of the 1980 Vienna Convention
  1. Rights and duties of the parties
  2. Guarantees
  3. Remedies

Readings:

Session 9
24/10/2016
Hours of lesson: 1,5
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
27/10/2016
Hours of lesson: 2
Instructor: A. Malatesta

Topics:

Case study / Review questions in the field of business sales law

Readings:

Session 11
03/11/2016
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
07/11/2016
Hours of lesson: 1,5
Instructor: A. Malatesta

Topics:

Protection tools provided for by EU provisions

  1. Mandatory rules
  2. The duty to supply information

Readings:

Session 13
10/11/2016
Hours of lesson: 2
Instructor: A. Malatesta

Topics:

  1. The right of withdrawal
  2. 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 14
14/11/2016
Hours of lesson: 1,5
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

  1. Scope of application
  2. Standard of quality of the goods

Readings:

Session 15
17/11/2016
Hours of lesson: 2
Instructor: A. Malatesta

Topics:

  1. Remedies
  2. Legal and additional guarantees

Readings:

Session 17
24/11/2016
Hours of lesson: 2
Instructor: G. Vitellino

Topics:

2.2. The review on unfair terms: Directive 1993/13/EEC on unfair terms in consumer contracts

The main provisions of the Directive

  1. The scope of application
  2. The control on unfair terms

Readings:

Session 18
28/11/2016
Hours of lesson: 1,5
Instructor: G. Vitellino

Topics:

  1. The indicative list of terms regarded as unfair
  2. The means of enforcement

Readings:

Session 19
01/12/2016
Hours of lesson: 2
Instructor: G. Vitellino

Topics:

Collective redress of consumer rights (part I).

Readings:

Session 20
05/12/2016
Hours of lesson: 1,5
Instructor: G. Vitellino

Topics:

Collective redress of consumer rights (part II).

Readings:

Session 21
12/12/2016
Hours of lesson: 1,5
Instructor: A. Malatesta

Topics:

Case study / Review questions on consumer law

Readings:

Session 22
15/12/2016
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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