The overall objective of the course is to underline the profile of the most significant conceptual models concerning the contract of sale, through a diachronic analysis from its origin in the Roman juridical tradition. In particular, a specific focus will be given on seller’s liability, warranties for defects and against eviction, and buyer’s protections. It will also be highlighted the difference between different dogmatic reconstruction represented by the ‘binding-effects sale’ and the ‘real-effects sale’ in the Roman law tradition.
The sale contract is the perfect context for deepen the bi-millennial stratification of theoretical approaches and solutions for the transfer of ownership issue. Therefore, it will be analysed some cases of law.
The sale contract as synallagmatic contract. Warrenties for defects: ‘actio aestimatoria’ and ‘actio redhibitoria’. The unfulfillement and responsability. The eviction. New trading models comparison: compliance obligation. Specific problems concernig the purchase agreement: the specific case of the contract of share holding’s transfer. Throughout the course il will be analysed some Italian and European Courts’ judgements.
The examination will be oral. For students who attend the course the exam programme will be agreed during lessons; for students who did not attend the course is recommended to contact the professor to agree upon the exam programme.
PROGRAMMA E TESTI CONSIGLIATI
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