Foundations and models in Sales Law (2017/2018)

Course code
Name of lecturer
Tommaso Dalla Massara
Tommaso Dalla Massara
Number of ECTS credits allocated
Other available courses
Academic sector
Language of instruction
1° periodo di lezioni dal Oct 2, 2017 al Dec 15, 2017.

Lesson timetable

Go to lesson schedule

Learning outcomes

The course’s main goal is to highlight the most significant features of the conceptual models in the frame of sales contract through a diachronic analysis, which goes back to the foundations of this contract in Roman Law: the course will specifically focus on the responsibility of the seller, the guaranties connected to the sales contract (for material and juridical defects) and the remedies in favor of the buyer.
The course will concentrate on the different dogmatic structures of obligatory sales and in rem sales. The field of sales contract offers the opportunity to point out the two thousand-year-old stratification of structures and theoretical solutions, which today’s approach still look at (for this reason, several court cases will be presented).


Sales as a synallagmatic contract. The aedilician remedies in case of material defects: actio redhibitoria und actio aestimatoria. Nonperformance and responsibility. Juridical defect. Comparison with the new sales models: the obligation of conformity. Specific problems of sales contracts. During classes, cases of Italian and European courts, in which dogmatic and reconstructive issues clearly emerge will be analyzed.

ERASMUS students are kindly requested to contact the Professor at the beginning of the course, in order to agree the exam’s program, which will consist of a written paper about a specific topic.

Teaching methods
Beside the traditional lesson, classes aim at stimulating student’s juridical reasoning through active participation, particularly stimulating the analysis and discussion of the cases that will be introduced.

Reference books
Author Title Publisher Year ISBN Note
R. Schulze, R. Zimmermann, P. Sirena, F.P. Patti Diritto privato europeo. Testi di riferimento Giappichelli, Torino 2017
A. Luminoso La compravendita Giappichelli, Torino 2015
AA. VV. a cura di L. Garofalo La compravendita e l'interdipendenza delle obbligazioni Cedam, Padova 2007

Assessment methods and criteria

Goals, contents and modality of the exam
The exam’s goal is testing the program knowledge, with regard to the construction of a critical reasoning from the student, as far as specific juridical matters are concerned.
The exam shall be oral for everyone, both attending and non-attending students.
Attending students’ program will be agreed together with the Professor, with the opportunity to discuss a written paper about a specific topic.
Non-attending students are also requested to take contact with the Professor to agree upon the program.
The final evaluation shall be expressed in thirtieth (30/30).

Teaching aids