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Professor
MANUELA TOLA (Tit.)
Period
Second Semester 
Teaching style
Convenzionale 
Lingua Insegnamento
 



Informazioni aggiuntive

Course Curriculum CFU Length(h)
[1/31]  LAW [31/00 - Ord. 2017]  PERCORSO COMUNE 12 96

Objectives

A) Knowledge and understanding: the student will acquire the knowledge of legal principles and law applicable to the individual and collective, private and public, national and transnational enterprises; the student will know and understand the methodological profiles of the commercial law discipline and its autonomy from the other areas of private law.

B) Applying knowledge and understanding: the student will acquire the ability to frame institutes and evaluate entrepreneurial connotations cases, to identify and apply principles and tools for solving the main controversial issues by means of enterprise and company law, also through the legislation and case law analysis.

C) Making judgment: the student will acquire analytical and critical judgment skills on business law and companies, refers to interests taken into consideration by the rules.

D. Communication Skills: to explain correctly and appropriately the acquired knowledge in written and oral form.

E) Learning Skills: the course will contribute to increase the ability to learn, update and study in deep the topics, in view of the training course prosecution, also through development the skills individual study and of self-assessment exercises.

Prerequisites

In order to pass the exam knowlwdge of Private Law in needed. In particular: general discipline of obligations and contracts is indispensable; principles of liability for illegal acts is important; natural persons and legal entities features is useful.

Contents

1. Enterprise and enterpreneur;
2. Firm;
3. enterprise in the market;
4. Entrepreneurs cooperations;
5. Debt instruments and wealth circulation tools;
6. Business crisis
7. Companies;
8. Entrepreneurial risk share out;
9. General principles of access to capital market by companies;

Contents are the same regardless of the teaching methods (face-to-face lessons or distance teaching, see the following section).

Teaching Methods

At the beginning of the semester, each student can choose, with a binding choice, for lessons in presence or online. Depending on the availability of the classrooms and the number of students who will choose for the attendance mode, access to the classroom could be subject to shifts.
The course is divided into 96 hours, as follows:

- 90 hours: frontal lessons on the topics indicated in section "Contents", seminars, case law examination and practical solution
- 4 hours: self-assessment exercises
- 2 hours: intermediate test
For practical activities best execution, experts participation may be envisaged.

In the event of an epidemiological emergency, the practical activities (exercise and self-assessment exercises) may take place on platforms that will be made known at the beginning of the lessons

Verification of learning

Testing for learning
Oral examination based on understanding and arguing capacity of acquired principles and disciplines. The knowledge assessment will be based on criteria below.

To pass the exam, the student must demonstrate:
1) knowledge of course contents
2) autonomy of judgment in evaluating institutes and cases examined
3) ability on expression with a legal language
4) identification and application discipline to practical cases

The examination is evaluated according to the following elements:

1) Failure to pass the test: insufficient knowledge of course contents, insufficient evaluation and argumentation skills.
2) 18 to 21: sufficient or just enough preparation; Minimum knowledge of the institutes and the issues faced in the course; Presence of gaps not particularly relevant;
3) 22 to 24: medium preparation characterized by not particularly deepening and gaps available in the further course of the overall training course;
4) 25 to 27: good overall preparation although not particularly thorough; appropriated technical language and ability;
5) 28 to 30: excellent or excellent preparation; accurated and precise technical language and expressive ability;
6) 30 and praise: highest level on preparation, technical lynch, expressive and argumentative.

Attending students: intermediate evaluation (non-compulsory) in written form after about one third of the programmed teaching activities. Its overcoming will exempt the corresponding part of the program from the final examination. The mid-term evaluation test will be preceded by self-assessment exercises in the classroom after which students will be able to ascertain the degree of preparation achieved. The mid-term evaluation provides open-ended questions, eventually refer also to practical cases, about enterprise law, credit instruments discipline and business crises. The mid-term evaluation assessment will be express with synthetic qualitative judgment (sufficient, discreet, good, excellent).
For the purpose of the intermediate evaluation the presence will be verified by the collection of signatures or in different ways for students who take distance lessons.

The validity of the intermediate evaluation is limited to the calendar year.
The final exam will take place in oral examination on the remaining parts of the program; the vote in 30esimi will be graded as for the non-attending student. The vote will also take into account the result of the intermediate test, the full attendance at the entire course and at the practical initiatives.

The informations about examinations and intermediate evaluation refer to activities to be carried out in the presence. In the event of an epidemiological emergency, the intermediate evaluation could be take place remotely, through the platforms that will be indicated. Suitable procedure will be communicated to allow attending students to perform it.

Texts

- CIAN M. (a cura di), Manuale di diritto commerciale, 3a edizione, Torino, Giappichelli, 2019, limitatamente alle seguenti parti:
pp. 1 - 97;
pp. 104 - 119
pp. 161 - 192
pp. 270 - 674
pp. 730 - 744

alternatively:


G. F. CAMPOBASSO, Manuale di diritto commerciale, a cura di M. Campobasso, UTET giuridica, VII ed., 2017:

pp. 1 - 78
pp. 89 – 157
pp. 338 - 369
pp. 501 – 544


in addition to:

- CIAN M. (a cura di), Manuale di diritto commerciale, 3a edizione, Torino, Giappichelli, 2019, limitatamente alla disciplina del Codice della crisi e dell’insolvenza:

pp. 283 – 306

and in addition to:

G. F. CAMPOBASSO, Diritto Commerciale. Vol. 2. Diritto delle società, a cura di M. Campobasso, UTET giuridica, IX ed., 2015:

pp. 135 – 248
pp. 283 - 593

alternatively:

G. PRESTI - M. RESCIGNO, Corso di diritto commerciale, IX edizione, Zanichelli, 2019,
escluding lessons VI, VII, VIII, IX e X.
For Business crisis law, lessons XIV and XV, are replaced by CIAN M. (a cura di), Manuale di diritto commerciale, 3a edizione, Torino, Giappichelli, 2019, pp. 283 – 306.
Lessons XVI (le altre procedure concorsuali), par. 4, 4.1, 4.2, 4.3, 4.4 to be excluded.


The use of an updated civil code and the knowledge of the main complementary legislation is also recommended.

More Information

ERASMUS STUDENTS
Erasmus students program includes:

- Enterprise and firm law
- Company law
- Credit instruments

Recommended text:

G. F. CAMPOBASSO, Manuale di diritto commerciale, a cura di M. Campobasso, UTET giuridica, VII ed., 2017:
pp. 1 78
pp. 89 381
pp. 501 544

Questionnaire and social

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