UNIFORM PRIVATE LAW
Syllabus
Updated A.Y. 2017-2018
TEACHING STAFF RESPONSIBLE FOR THE COURSE:
Prof. Benedetta Sirgiovanni
LEARNING OBJECTIVES
The general goal of the course is to familiarize the students with the uniform private law and with the progressive harmonization and unification process of European private law. The course is aimed at acquiring skills in interpreting and using sources in order to solve legal cases.
COURSE DESCRIPTION
The first part of the course will be focused on some aspects of the International Sale of Goods (United Nations Convention on contracts for the international sale of goods – CISG) and on the Unidroit Principles.
The second part of the course will be focused on the consumer acquis and, in particular, on the unfair contract terms directive 93/13, on the distance selling directive 2011/83, on the consumer sales directive 99/44, on the package travel directive 90/314, on the time share directive 2008/122.
Topics include:
• Legal rules. Sources of Uniform Private law. Hard law and soft law.
• Legal rule’s structure
• The 1980 Convention on the international sale of goods (CISG): sphere of application and general provisions
• Formation of the contract
• Rights and obligations of the seller and of the buyer.
• Remedies
• The influence of the CISG on the Unidroit principles, on European Legislation, on the Principles of European Contract Law
• The role of the Unidroit Principles
• Consumer acquis
• Unfair contract terms directive 93/13
• Off-premises and distance contracts directive 2011/83
• Consumer sales directive 99/44
• Package travel directive 2015/2302
• Time share directive 2008/122
• Principles of European Contract Law and Draft Common Frame of reference: the purposes of these academic texts, the approach adopted to build a common private law.
TEACHING METHODS
The teacher will use slides during the lectures and will give some legal cases. Students will be involved in the solution of legal cases using brainstorming techniques.
TEXTBOOK
The 1980 Uniform Sales Law, Franco Ferrari, Milano, 2003 (from page 129 to page 197, from page 305 to page 360)
TEACHING MATERIAL
- The 1980 Uniform Sales Law;
- The Unidroit Principles;
- The unfair contract terms directive 93/13;
- Off-premises and distance contracts directive 2011/83;
- The consumer sales directive 99/44;
- The package travel directive 2015/2302;
- The time share directive 2008/122;
Essays:
- J.A. Estrella Faria, The influence of the Unidroit Principles of International Commercial Contracts on National Laws, in Uniform Law Review, 2016, Issue 2/3.
- Shulze, Zoll, European contract law, Beck-Hart-Nomos, 2018 (Chapter 1 Foundations: from p. 1 to p. 20, from 24 to 29).
EXAM
Written exam