Student guide Facoltà di Giurisprudenza A.A. 2007/08

Diana Cerini

Laura Maria Franciosi

Purpose of the course is to highlight the most recent developments about contract law occurred within the European Union, in order to provide students with the basic principles of the European contract law together with a focus of the main issues related to it. At this regard, peculiar attention will be granted to the projects of unification and harmonization of such an area of law. In particular, the analysis will be carried on taking into account the most important practical and operative aspects that professionals and consumers must address when involved in business transactions, with a specific attention to financial services and consumer protection laws.

The course is structured in two parts. In the first one, the focus will be on the general trend of harmonisation of contractual law with a special attention to selected topics (i.e. unfair contract terms, unfair commercial practices, guarantees in the sales of consumer goods, etc.). The second part will address in detail the most important issues related to consumer contracts in the financial services area (i.e. consumer credit, bank and insurance contracts).

In particular, the following topics will be addressed:

1.             Sources of contract law and projects of unification of EU contract law;
2.             Formation of contracts;
3.             Consumer contracts and Business contracts;
4.             Unfair contract terms;
5.             Unfair commercial practices;
6.             Guarantees in the sales of consumer goods;
7.             Analysis of Contract Models;
8.             Financial services and consumer protection
9.             Consumer Credit contracts and mortgages
10.         Insurance contracts

At the end of the course students will be required to write a paper on a topic agreed and to discuss it with the Lecturers.

The preparation of the final paper requires active participation to the lectures and reading of the specific given or suggested materials. In addition, useful complementary lectures for the preparation of the papers can be: 

-                Kotz H., Flessner A., European Contract Law, Oxford Clarendon Press, 1997;

-             Beale H., Kotz H., Hartkamp A., Tallon D., Contract Law – Casebooks on the Common Law of Europe, Oxford Hart 2002;

-      Grundmann S., Schauer M., The Architecture of European Codes and Contract Law, Kluwer Law International, 2006.