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


COMMERCIAL LAW
DIRITTO COMMERCIALE

A.Y. Credits
2018/2019 8
Lecturer Email Office hours for students
Elisabetta Righini At the end of the lessons or by appointment via email

Assigned to the Degree Course

Economics and Management (L-18)
Curriculum: AMMINISTRAZIONE D'IMPRESA E PROFESSIONE
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
The course aims to provide students with the concepts and theoretical basis necessary for understanding :  the basic legal and economic sectors , with particular reference to private commercial enterprise , both individually and combined ; the norms and national and EU systems concerning the economic and business activities , the legal regime of functioning of markets and the rules governing the activities of economic actors , individual and collective; the purposes , contexts and effects of policies of law and economic policy with special reference to the activities of private commercial enterprises

Program

Part I

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 Acknoweledgment of the businessman's quality
A. The imputation of business activity
B. Start and end of the business
C. Legal capacity and business
2.4 The businessman's legal statute
A. Legal Advertising
B. Accounting records
C. Commercial Representation
2.5 The firm
2.6 Distinctive signs
A. Brands
B. Trademarks
C.  Signs
2.7 Copyrights and Industrial inventions
A. Copyright
B. Industrial inventions
C. Industrial models
2.8 Competition rules
A. Anti-monopoly legislation
B. Limitations of competition
C. Unfair competition
2.9 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

Part II

5.1. The companies
A. The notion of company
B. Types of companies
5.2 The simple company. The company in collective name
5.3 The limited partnership

5.4 Limited liability company

5.5 The cooperative society
6.1 The corporation
A. Constitution
B. Contributions
6.2 Shares and other financial instruments
6.3 Relevant shares
6.4 Corporate organs
A. The shareholders meeting
B. Administrators and administration systems: traditional, dualistic, monistic
C. The Board of Statutory Auditors and the Auditing Body
6.5 External controls
6.6 The budget
6.7 Amendments to the Constituent Act
6.8 Bonds
6.9 The individual rights of the shareholder
6.10 Groups of companies
6.11 The company in partnership with shares

6.12 The dissolution of capital companies
6.13 Transformation. Merging and splitting
A. Transformation
B. Merger
C. Split

Bridging Courses

To take the exam in Commercial law,  students must comply with the general prerequisites, so, to take the exams of the second and subsequent years they, must have acquired at least thirty credits from courses of the 1st year.

Moreover, as part of the prerequisites provided for the different disciplines in the degree program , it is not possible to take the examination of commercial law without having passed the exam of Private Law Institutions

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

CFUs may be provided for in-depth seminars, focusing on the topics of Corporate Social Responsibilty

The teaching material prepared by the lecturer (such as for instance slides, lecture notes, exercises) and specific communications from the lecturer can be found, together with other supporting activities, inside the Moodle platform


Didactics, Attendance, Course Books and Assessment

Didactics

The course includes predominantly the teaching mode of frontal lessons. During the lesson the teacher will explain the various institutes and their discipline in order to provide the students with a theoretical knowledge of the subject. In addition, the lecturer can present and discuss with the class a case law  (judgment, decree, order) to stimulate students' ability to solve concrete cases and 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:

1.G.F. CAMPOBASSO, Manuale di Diritto commerciale, UTET, latest edition

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


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 two written tests, one on business activity, bankruptcy  procedures and credit certificates, and the second on companies and corporations. The written tests will consist of a first part comprising 30 multiple choice questions (to be resolved in a 30-minute period), which concern the acquisition of the fundamentals of each part of the program, and a second part with 3 short open questions , to which a total response time of 15 minutes should be given.
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, students 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 elements that are essential for exposure. In the event that the total score of each partial test exceeds 30 points, it is considered a maximum score of 30/30. The final vote will be the arithmetic mean of the votes given in the two written tests.

Additional Information for Non-Attending Students

Didactics

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

Attendance

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:

1.G.F. CAMPOBASSO, Manuale di Diritto commerciale, UTET, latest edition

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


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: 20/07/18

Condividi


Questo contenuto ha risposto alla tua domanda?


Il tuo feedback è importante

Raccontaci la tua esperienza e aiutaci a migliorare questa pagina.

Il tuo 5x1000 per sostenere le attività di ricerca

L'Università di Urbino destina tutte le risorse che deriveranno da questa iniziativa alla ricerca scientifica ed al sostegno di giovani ricercatori.

Numero Verde

800 46 24 46

Richiesta informazioni

informazioni@uniurb.it

Posta elettronica certificata

amministrazione@uniurb.legalmail.it

Social

Performance della pagina

Università degli Studi di Urbino Carlo Bo
Via Aurelio Saffi, 2 – 61029 Urbino PU – IT
Partita IVA 00448830414 – Codice Fiscale 82002850418
2019 © Tutti i diritti sono riservati

Top