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.
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.
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.
|R. Schulze, R. Zimmermann, P. Sirena, F.P. Patti||Diritto privato europeo. Testi di riferimento||Giappichelli, Torino||2017|
|Tommaso dalla Massara||Fondamenti e modelli nel diritto della vendita, (Edizione 1)||Jovene||2020|
|A. Luminoso||La compravendita||Giappichelli, Torino||2015|
Objectives of the examinations
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.
Contents and modalities of examinations
The exam shall be oral for everyone.
Students shall study some essays of their choice from the book: T. dalla Massara, Fondamenti e modelli nel diritto della vendita, Il giurista europeo, percorsi formativi, collana diretta da L. Garofalo, Napoli, 2020, that they will agree upon with the professor.
The final evaluation shall be expressed in thirtieth (30/30). The judgment between 18 and 20 corresponds to a minimum and basic knowledge of the subject; the judgment between 20 and 25 shows a discreet knowledge of the contents; the judgment between 25 and 30 e lode highlights a good knowledge of the structures of the subject and a critical and connecting ability of the student.