Università degli Studi di Urbino Carlo Bo / Portale Web di Ateneo


COMMERCIAL LAW mutuato
DIRITTO COMMERCIALE

A.Y. Credits
2017/2018 6
Lecturer Email Office hours for students
Elisabetta Righini Monday and Tuesday at the end of the lessons.

Assigned to the Degree Course

Law degree for labour Consultancy and safety at work (L-14)
Curriculum: PERCORSO COMUNE
Giorno Orario Aula
Giorno Orario Aula

Learning Objectives

•    The course aims to convey to students the theoretical concepts and theories necessary for understanding:
•    • basic legal and economic sectors, with particular reference to the operations of private business, both in individual and associate form;
•    • the national and Community rules and systems relating to economic and business activity, the legal discipline of the functioning of the markets and the rules governing the activity of economic, individual and collective actors;
•    • the aims, contexts and effects of the policies of law and economic policies, with particular reference to the activity of private business enterprises

Program

The topics of the program will be dealt with during the first semester
1.1 Introduction
2.1 The entrepreneur
2.2 The categories of entrepreneurs
A. Agricultural Entrepreneur and Business Entrepreneur
B. Small Entrepreneur. Family business
C. Collective business. Public enterprise
2.3 Acnowlwdgement of the quality of enterpreuner  
A. The imputation of business activity
B. Start and end of the business
C. Capacity and business
2.4 The businessman's statute
A. Legal Advertising
B. Accounting records
C. Commercial Representation
2.5 The firm
2.6 Distinctive signs
A. The brand
B. The trademark
C. The Sign
2.7 Consortia between entrepreneurs

3. Credit Certificates in General
3.1 The bill
3.2 The bank check
3.3 Circular Checks

4.1 The business crisis: bankruptcy and other bankruptcy proceedings
5.1. The companies
A. The notion of companatico
B. Types of companies. Companies and Corporations
5.2 The simple company. The company in collective name
5.3 The limited partnership

5.4 Limited liability company. The corporation. 

5.5 The cooperative society

Bridging Courses

As part of the pre-requisites for the different disciplinary sectors present in the degree course, it is not possible to pass the Commercial Law exam without previously passing the exam of Institutions of Private Law

Learning Achievements (Dublin Descriptors)

Knowledge and understanding:

At the end of the course, students must have acquired the knowledge and understanding of the national legal rules governing the conduct of business, both with regard to the individual and corporate undertaking, and the legal functioning of the markets, also with reference to the impacts on the policies of law and the economic policies of such regulations.


The acquisition of the aforementioned requirements will be verified through the following methods: intermediate tests and final exams of the individual courses;

Applied knowledge and understanding: students must be able to apply appropriately and flexibly the acquired knowledge in order to interpret and apply the rules on the conduct of the business activity of the national legal system , with appropriate references to EU and international law, together with the ability to understand the functioning of the markets and the behavior of the agents involved, and to make connection between the legal system of rules and the functioning of economic systems.

They will also have to acquire, including through databases, the ability to find and use the sources of law and jurisprudence, and the basic capacity to draft legal documents in negotiating, out-of-court and judicial contexts.

Acquisition of these requirements can take place through intermediate exercises and tests and final exams of the individual courses.

- Making judgments: Students must have the ability to link the knowledge acquired during the course into integrated and unitary schemes and to deal with complex problems independently and with their own judgment skills. In particular, such autonomy of judgment must be expressed through the acquisition of interpretative capacity, case analysis and qualification of the relationship between factualities and legal cases, so that they can be able to identify, represent and solve problems of protection of rights and resolution of inter-individual conflicts and collective ones, even to produce normative, negotiating and process texts that are clear, relevant and effective. The methods of teaching work with which these results will be achieved will be: frontal lessons with possible in-depth seminars.

- Communication skills: Students must acquire a clear and effective communication skills, thanks to a good mastery of the lexicon related to the topics dealt with during the course. In particular, they must acquire capacity to describe and deepen the legal issues in the relationship  both with professionals  as well as with potential customers or stakeholders. They will also have the ability to illustrate the logical and juridical pathways that lead to the solution of theoretical and application problems, as well as the ability to convince and expose the arguments, even in contradiction with other qualified subjects. The methods of teaching through which these results will be achieved will be: frontal lessons, with possible  seminars.

- Learning Skills: Students must have developed good learning skills, enabling them to deepen the knowledge gained during the course by addressing subsequent study paths and acquiring new knowledge and skills through professional and work experience. Particularly, with reference to the course of commercial law, they will have to acquire basic skills and tools for the constant updating of their competencies; ability to understand the complexity of the legal phenomenon; ability to follow the evolution of the right to life autonomously and to deepen it. The methods of teaching work with which these results will be achieved will be primarily in frontal lessons, with possible in-depth seminars.

Teaching Material

The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it

Supporting Activities

As part of the Commercial Law course and as a complementary seminar activity, a Laboratory on mediation and conciliation in civil and commercial matters will be organized. The Laboratory will be held from October 2017 onwards and will be aimed at the participation of students enrolled in the Italian Mediation Competition which will be held at the Milan Chamber of Commerce in February 2018, during which teams of students from several Italian universities will challenge in a series of simulations of mediation meetings. The training will be predominantly practical and will take place under the guidance of professional mediators belonging to the mediation and conciliation body Geocam. Participation in the laboratory will be optional and membership will be voluntary.


Didactics, Attendance, Course Books and Assessment

Didactics

The course is predominantly based on the teaching mode of frontal lessons. Each lesson will consist of two moments: in the first part of the lesson the teacher will explain the various institutes and their discipline in order to provide students with a theoretical knowledge of the subject. In the second part of the lesson, the lecturer will present and discuss together with the class a case law (judgment, decree, order) in order to stimulate students' ability to solve concrete cases and to develop their argumentative capacity in legal matters. The teaching material provided by the teacher will be published on the Moodle platform.

Attendance

Students attending at least two-thirds of the lessons will be considered attendants.

Course books

Educational materials and support activities:

The educational material provided by the teacher is available, along with other support activities within the Moodle> blended.uniurb.it platform

Recommended study texts:

For the part on the enterprise:

F. Vella G. Bosi, Diritto dell'impesa e dell'economia , Il Mulino, Bologna, 2ed, 2017 (Except  patents and industrial inventions and the competition and antitrust legislation )

For the part on companies and the corporation:

F. Vella G. Bosi,  Diritto ed economia delle società.,Il Mulino, Bologna, 2015, except corporation, transformation, mergers and splitting)

For the part on credit instruments and bankruptcy:

G. Campobasso, Diritto commerciale, Torino, Utet, vol. III, latest editon, only Part II (Debt securities) and Part III (The bankruptcy proceedings)

 

The study of the manuals will have to be accompanied by consultation of the civil code in an updated edition.

Assessment

Every student, attending or not, has the right to pass the final exam only in form of an oral interview on the topics discussed in the abovementioned reference texts. The oral interview mode allows students to show, in addition to their communicative abilities, their acquisition of the analytical and critical skills required by  the complexity of the subject and the matters object of the course, of which he or she must demonstrate adequate knowledge and understanding.
By the interview, expected learning outcomes will be evaluated through three or more questions. The evaluation criteria and scores are determined according to the following scale:
• less than 18/30 - insufficient level: the candidate does not achieve any of the learning outcomes provided for in the "knowledge and understanding skills" point;
• 18-20 / 30 - sufficient level: the candidate achieves, in particular, the learning outcomes provided for in "Knowledge and understanding skills";
• 21-23 / 30 - Fully sufficient: the candidate achieves, in particular, the learning outcomes provided for in "knowledge and understanding skills" and "knowledge and understanding of applied skills";
• 24-26 / 30 - good level: the candidate achieves, in particular, the learning outcomes provided for in "knowledge and understanding skills"; "Applied understanding and understanding" and "autonomy of judgment";
• 27-29 / 30 - very good level: the candidate achieves, in particular, the learning outcomes provided for in "knowledge and understanding skills"; "Knowledge and understanding skills applied"; "Autonomy of judgment" and "communicative abilities";
• 30-30 and praise - excellent level: the candidate fully achieves the learning outcomes provided for in the "knowledge and understanding skills" points; "Knowledge and understanding skills applied"; "Autonomy of judgment"; "Communicative abilities" and "ability to learn".

However, attending students will have the opportunity to choose whether to replace the oral exam with a written test that will take place at the end of the first semester. 

The written test will consist of a first part comprising 30 multiple choice questions (to be solved in a 30-minute time), concerning the acquisition of fundamentals of each part of the program, and in a second part with 3 short open questions, which will have to be answered in a total  15 minute time.

Multiple Answer Questions will give a 1 point score for each correct answer and zero points for each missed or incorrect answer. By responding to multiple choice questions, students will have to demonstrate knowledge of the institutes and their discipline. Each open question will be awarded a maximum score of 2 points  (1 = sufficient, 2 = good). By answering open questions, student must demonstrate that they have mastered the concepts covered during the course and are able to expose their arguments in a rigorous but synthetic way and in a limited time using an appropriate language and identifying the essential elements for exposing each topic. In the event that the total score of each partial test exceeds 30 points, it is considered a maximum score of 30/30. In addition, students shalll have to pass, in order to show the capacity to solve concrete legal questions and to acquire the final vote, a further oral test, consisting in the presentation of a law case among those presented during the lessons and freely chosen by the student among the materials provided by the teacher. Specifically,  students must demonstrate that their are able to correctly identify and analyze the terms of the question and to adequately argue. A maximum of three points will be assigned to this answer (1 = sufficient, 2 = good, 3 = excellent) for the arguing and application capabilities, with the limit of a 30/30 maximum total  score.

Additional Information for Non-Attending Students

Didactics

Individual study of exam texts mentioned above and of the material on the blended platform

Course books

Educational materials and support activities:

The educational material provided by the teacher is available, along with other support activities within the Moodle> blended.uniurb.it platform

Recommended study texts:

For the part on the enterprise:

F. Vella G. Bosi, Diritto dell'impesa e dell'economia , Il Mulino, Bologna, 2ed, 2017 (Except  patents and industrial inventions and the competition and antitrust legislation )

For the part on companies and the corporation:

F. Vella G. Bosi,  Diritto ed economia delle società.,Il Mulino, Bologna, 2015, except corporation, transformation, mergers and splitting)

For the part on credit instruments and bankruptcy:

G. Campobasso, Diritto commerciale, Torino, Utet, vol. III, latest editon, only Part II (Debt securities) and Part III (The bankruptcy proceedings)

The study of the manuals will have to be accompanied by consultation of the civil code in an updated edition.

Assessment

Every student, attending or not, has the right to pass the final exam only in form of an oral interview on the topics discussed in the abovementioned reference texts. The oral interview mode allows students to show, in addition to their communicative abilities, their acquisition of the analytical and critical skills required by  the complexity of the subject and the matters object of the course, of which he or she must demonstrate adequate knowledge and understanding.
By the interview, expected learning outcomes will be evaluated through three or more questions. The evaluation criteria and scores are determined according to the following scale:
• less than 18/30 - insufficient level: the candidate does not achieve any of the learning outcomes provided for in the "knowledge and understanding skills" point;
• 18-20 / 30 - sufficient level: the candidate achieves, in particular, the learning outcomes provided for in "Knowledge and understanding skills";
• 21-23 / 30 - Fully sufficient: the candidate achieves, in particular, the learning outcomes provided for in "knowledge and understanding skills" and "knowledge and understanding of applied skills";
• 24-26 / 30 - good level: the candidate achieves, in particular, the learning outcomes provided for in "knowledge and understanding skills"; "Applied understanding and understanding" and "autonomy of judgment";
• 27-29 / 30 - very good level: the candidate achieves, in particular, the learning outcomes provided for in "knowledge and understanding skills"; "Knowledge and understanding skills applied"; "Autonomy of judgment" and "communicative abilities";
• 30-30 and praise - excellent level: the candidate fully achieves the learning outcomes provided for in the "knowledge and understanding skills" points; "Knowledge and understanding skills applied"; "Autonomy of judgment"; "Communicative abilities" and "ability to learn".

« back Last update: 01/08/17

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