Tipo Insegnamento:
Opzionale
Durata (ore):
40
CFU:
6
SSD:
DIRITTO COMMERCIALE
Sede:
BRESCIA
Url:
MONETA, FINANZA E RISK MANAGEMENT/CORSO GENERICO Anno: 1
MONETA, FINANZA E RISK MANAGEMENT/CORSO GENERICO Anno: 2
Anno:
2024
Course Catalogue:
Dati Generali
Periodo di attività
Primo Quadrimestre (01/10/2024 - 22/01/2025)
Syllabus
Obiettivi Formativi
The course aims at providing students with basic knowledge, and at the same time with a deeper insight, of the main legal topics concerning international transactions, cross-border operations and, in general, internationalization that define the current legal and business environment.
In particular, the course provides basic knowledge for the legal analysis of complex issues in transnational operations and the relevant legal framework for its discipline. For the purpose thereof, particular attention shall be devoted – with a private law approach and with a special focus on contractual relationships – to issues of complexity related to international contracts, including the problem of conflicts of law, the evolution of international sources of law, including EU contract law and international conventions, and the issue of dispute resolution, including international arbitration. Furthermore, the course aims at providing students with an overview of clauses and contents typically associated with international contracts, with specific reference to sales contracts and to share purchase agreements.
Knowledge and understanding
Knowledge and ability to understand the international legal framework and the national and international sources of law applicable to contracts having an international character. Full knowledge and ability to understand the relevant legal issues concerning main international contracts, including in particular contracts for the international sale of goods and international payment schemes.
Applying knowledge and understanding
Ability to analyze and interpret, case analysis, legal qualification and classification of the relationship between economic transactions and the legal system of the sources of the law, legal notions and current trends in the relevant case law.
Making judgements
Ability to analyze and critically review the relevant legal doctrines and case law in order to properly identify, address and solve problems arising from practice of international contracts.
Communication skills
Ability to use a technical legal language in order to properly illustrate the logical and theoretical reasoning that lead to the solution of relevant problems.
Learning skills
Capability of updating and exploit the knowledge background acquired in the Course and to apply it for the purpose of analyzing new laws and legal texts, new case law, doctrine and jurisprudence in order to be capable of constantly update the basic knowledge gained.
In particular, the course provides basic knowledge for the legal analysis of complex issues in transnational operations and the relevant legal framework for its discipline. For the purpose thereof, particular attention shall be devoted – with a private law approach and with a special focus on contractual relationships – to issues of complexity related to international contracts, including the problem of conflicts of law, the evolution of international sources of law, including EU contract law and international conventions, and the issue of dispute resolution, including international arbitration. Furthermore, the course aims at providing students with an overview of clauses and contents typically associated with international contracts, with specific reference to sales contracts and to share purchase agreements.
Knowledge and understanding
Knowledge and ability to understand the international legal framework and the national and international sources of law applicable to contracts having an international character. Full knowledge and ability to understand the relevant legal issues concerning main international contracts, including in particular contracts for the international sale of goods and international payment schemes.
Applying knowledge and understanding
Ability to analyze and interpret, case analysis, legal qualification and classification of the relationship between economic transactions and the legal system of the sources of the law, legal notions and current trends in the relevant case law.
Making judgements
Ability to analyze and critically review the relevant legal doctrines and case law in order to properly identify, address and solve problems arising from practice of international contracts.
Communication skills
Ability to use a technical legal language in order to properly illustrate the logical and theoretical reasoning that lead to the solution of relevant problems.
Learning skills
Capability of updating and exploit the knowledge background acquired in the Course and to apply it for the purpose of analyzing new laws and legal texts, new case law, doctrine and jurisprudence in order to be capable of constantly update the basic knowledge gained.
Prerequisiti
No specific prerequirement is expected.
However, a basic knowledge and understanding of notions relating to law in general and the legal systems (as provided by introductory courses of private law and/or public law and/or corporate law) is highly recommended.
However, a basic knowledge and understanding of notions relating to law in general and the legal systems (as provided by introductory courses of private law and/or public law and/or corporate law) is highly recommended.
Metodi didattici
The Course shall be articulated into class lessons covering the main contents of the program.
During the Course, particular attention shall be devoted to the examination of practical cases, judicial decisions, as well as model contracts and other relevant legal materials, in order to allow students to gain a better understanding of the contents of the Course.
A seminar focused on themes related to sustainability and private law shall be organized during the Course.
Attendance to the Course from its very beginning until completion is highly recommended in order to provide students with ongoing assistance in the study of the relevant legal sources and of the text, allowing participants to gain a better undestanding of the basic categories and notions of international contracts. Such approach shall enable students not to limit to a mnemonic learning of the program but rather to develop their capability to appreciate connections and interactions among different legal notions.
During the Course, particular attention shall be devoted to the examination of practical cases, judicial decisions, as well as model contracts and other relevant legal materials, in order to allow students to gain a better understanding of the contents of the Course.
A seminar focused on themes related to sustainability and private law shall be organized during the Course.
Attendance to the Course from its very beginning until completion is highly recommended in order to provide students with ongoing assistance in the study of the relevant legal sources and of the text, allowing participants to gain a better undestanding of the basic categories and notions of international contracts. Such approach shall enable students not to limit to a mnemonic learning of the program but rather to develop their capability to appreciate connections and interactions among different legal notions.
Verifica Apprendimento
The final exam shall consist, both for attending and non-attending students, in an oral examination aimed at verifying the student’s overall degree of preparation in respect with topics dealt with during the Course.
Evaluation: both the written test and the oral examination are aimed at verifying the degree of knowledge and undestanding of the subject matter by the students; marks are expressed from 18/30 (eighteen out of thirty), (corresponding to the minimum positive evaluation), up to 30/30 (thirty out of thirty) cum laude, (expressing the maximum degree of knowledge of the contents of the Course, as well as accuracy in the language used and capacity to analyze and apply the contents of the Course in order to solve problems).
Evaluation: both the written test and the oral examination are aimed at verifying the degree of knowledge and undestanding of the subject matter by the students; marks are expressed from 18/30 (eighteen out of thirty), (corresponding to the minimum positive evaluation), up to 30/30 (thirty out of thirty) cum laude, (expressing the maximum degree of knowledge of the contents of the Course, as well as accuracy in the language used and capacity to analyze and apply the contents of the Course in order to solve problems).
Testi
In order to prepare the exam, students shall be requested to study on the following texts:
- R. Cavaliere, V. Salvatore, An introduction to international contract law, Giappichelli, Torino, 2019, ISBN/EAN: 978-88-921-1979-6, and
- Engert, Enriques, Ringe, Varotti, Wtezer, Business Law and the transition to a net zero economy, Hart Publishing, Oxford, 2022, ISBN 978150995896 2
In addition to the book, further materials shall be made available to students by way of Moodle platform, together with texts of relevant laws and other sources examined throughout the course.
In order to prepare the exam, it is strictly forbidden to study on non-university books and texts.
- R. Cavaliere, V. Salvatore, An introduction to international contract law, Giappichelli, Torino, 2019, ISBN/EAN: 978-88-921-1979-6, and
- Engert, Enriques, Ringe, Varotti, Wtezer, Business Law and the transition to a net zero economy, Hart Publishing, Oxford, 2022, ISBN 978150995896 2
In addition to the book, further materials shall be made available to students by way of Moodle platform, together with texts of relevant laws and other sources examined throughout the course.
In order to prepare the exam, it is strictly forbidden to study on non-university books and texts.
Contenuti
The course deals with the main legal issues concerning international contracts, organization and development of business in a cross-border perspective, and the legal framework for international trade; the course focuses on the sources of rules applicable to international contracts, on the discipline of main contractual instruments related to international contracts; on model contracts and standards provided by international practice; on certain issues of cross-border business and corporate organisation, and on the main relevant topics thereto, including the discipline of international payments, guarantees and dispute resolution. In addition, the course provides an insight on certain current trends in the evolution of legal framework, including issues related to sustainable development and ESG factors and their relevance in international trade .
More in detail, the Course shall focus on the following matters:
- the international contract and its problems: the rules applicable to international contracts;
- sources of rules applicable to international contracts: the role of party authonomy, state law, international conventions and organizations in international trade; harmonization of the law of contacts in the international perspective;
- Model contracts: the contract for the international sale of goods under Vienna Convention 1980 – CISG;
- Model contracts: the share purchase agreement (SPA) and its main contents;
- Payments and guarantees: the letter of credit; Uniform Customs and Practice for Documentary Credit – UCP;
- International carriage of goods and the INCOTERMS;
- Consumer protection under EU legislation;
- Contracts and competition under EU legislation;
- Dispute resolution; forum shopping; international arbitration.
More in detail, the Course shall focus on the following matters:
- the international contract and its problems: the rules applicable to international contracts;
- sources of rules applicable to international contracts: the role of party authonomy, state law, international conventions and organizations in international trade; harmonization of the law of contacts in the international perspective;
- Model contracts: the contract for the international sale of goods under Vienna Convention 1980 – CISG;
- Model contracts: the share purchase agreement (SPA) and its main contents;
- Payments and guarantees: the letter of credit; Uniform Customs and Practice for Documentary Credit – UCP;
- International carriage of goods and the INCOTERMS;
- Consumer protection under EU legislation;
- Contracts and competition under EU legislation;
- Dispute resolution; forum shopping; international arbitration.
Lingua Insegnamento
English
Altre informazioni
During the Course, students shall have access, through Moodle platform, to cases and materials dealt with in class works, as well as to other useful materials in order to accompany them in the study of the subject matter.
Corsi
Corsi
MONETA, FINANZA E RISK MANAGEMENT
Laurea Magistrale
2 anni
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