Portale di Ateneo - En.Unibs.it

Borrowed courses

COMPARATIVE PRIVATE LAW

GIURISPRUDENZA

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COMPARATIVE PRIVATE LAW

GIURISPRUDENZA

comune
COMPARATIVE PRIVATE LAW

GIURISPRUDENZA

comune
COMPARATIVE PRIVATE LAW

CONSULENTE DEL LAVORO E GIURISTA D'IMPRESA

comune

Other Courses of the Study Programme

Innovazione nel settore pubblico

Course year: 1

INFORMATION LAW AND ECONOMICS

6 credits - Characterising
INTERNATIONAL LAW AND DIGITAL SINGLE MARKET

12 credits - Characterising
LEGAL METHOD AND INNOVATION

12 credits - Raggruppamento esami
LABOUR DUE DILIGENCE - ENTERPRISES TRANSFORMATIONS

9 credits - Characterising
LAW AND INFORMATION TECHNOLOGY

15 credits - Raggruppamento esami
LEGAL ENGLISH

6 credits - Related/Supplementary

Course year: 2

FINALE PAPER

9 credits - Language/Final Examination
HEALTH ORGANIZATION AND HEALTH CARE

9 credits - Raggruppamento esami
LABOUR LAW AND PUBLIC EMPLOYMENT

9 credits - Characterising
LAW AND CULTURE: SOURCES AND ROUTES

6 credits - Characterising
Public Procuremt Procedures and Anti-Corruption Discipline

9 credits - Characterising
PUBLIC ADMINISTRATION AND ISS BUSINESS TECHNOLOGIES

6 credits - Related/Supplementary
Mediation and Online Dispute Resolution

6 credits - Student's own choice
Industrial Economics

6 credits - Student's own choice
Health Administration

6 credits - Student's own choice
Human Resource Management

6 credits - Student's own choice
ICT for Personal Data Management

6 credits - Student's own choice
International Tax Law

6 credits - Student's own choice
METHODS AND MODELS FOR ENVIRONMENTAL SUSTAINABILITY

6 credits - Student's own choice
PROJECT & PROCESS MANAGEMENT

6 credits - Student's own choice
Public Speaking Skills

6 credits - Student's own choice
Restorative Justice

6 credits - Student's own choice

Innovazione, Impresa e Terzo Settore

Course year: 1

INFORMATION LAW AND ECONOMICS

6 credits - Characterising
INTERNATIONAL LAW AND DIGITAL SINGLE MARKET

12 credits - Characterising
LEGAL METHOD AND INNOVATION

12 credits - Raggruppamento esami
LABOUR DUE DILIGENCE - ENTERPRISES TRANSFORMATIONS

9 credits - Characterising
LAW AND INFORMATION TECHNOLOGY

15 credits - Raggruppamento esami
LEGAL ENGLISH

6 credits - Related/Supplementary

Course year: 2

CORPORATE SUSTAINABILITY

12 credits - Raggruppamento esami
FINALE PAPER

9 credits - Language/Final Examination
BUSINESSES AND NON PROFIT LAW - The New Discipline of Non-Profit Organizations

6 credits - Characterising
NEW BUSINESSES FORMS AND SOCIAL RESPONSIBILITY

6 credits - Characterising
ECONOMICS OF INNOVATION

6 credits - Related/Supplementary
EUROPEAN COMPETITION LAW AND PROTECTION OF INTELLECTUAL PROPERTY

6 credits - Characterising
TRAINING

3 credits - For stages and internships
Mediation and Online Dispute Resolution

6 credits - Student's own choice
Anti Discrimination Law and Diversity Management

6 credits - Student's own choice
Business and Environmental Sustainability

6 credits - Student's own choice
DIVERSITY, INCLUSION AND SOCIAL CHANGE

6 credits - Student's own choice
Human Resource Management

6 credits - Student's own choice
International Contracts and Protection of Intellectual Property

6 credits - Student's own choice
International Cooperation and human rights protection Human Rights Protection

6 credits - Student's own choice
International Tax Law

6 credits - Student's own choice
Non Profit Organizations and Religious Entities Law

6 credits - Student's own choice
Non–Profit Organizations and ICT Technologies

6 credits - Student's own choice
PROJECT & PROCESS MANAGEMENT

6 credits - Student's own choice
Public Speaking Skills

6 credits - Student's own choice
Restorative Justice

6 credits - Student's own choice

INTERNATIONAL LAW AND DIGITAL SINGLE MARKET

Single discipline educational activity

Course Sheet

Course code:

A005276

Academic Year of enrolment:

2020/2021

Academic Year of provision:

2020/2021

Type of Course:

Characterising

Degree:

Master's Degree Programme in LAW AND INNOVATION

Disciplinary Sector:

Comparative Private Law

Language:

Italian

Grouping type:

Credits:

Programme Year:

Professor and Collaborators:

AMATO Cristina Professor

BUGATTI LAURA Collaborator

TOGNI Elena Collaborator

Cycle:

First semester

Hours of classroom activity:

108

Hours of individual study:

360

Students are expected to have acquired the requested CFU in Private Law.

Educational Goals

The objectives of the course are two-fold: first, to convey specific knowledge about the development of the main families of the Western legal tradition (common law and civil law, Eastern European countries and Western European countries, Latin-American countries). The second training objective is to provide insights in two areas of private law: contract and civil liability, in the context of European regulation concerning the digital economy with a particular focus on: consumer and business contracts, smart contracts, block chains, digital platforms, artificial intelligence, robotic.

Students enrolled in the teaching of Private Comparative Law are not expected to be trained on tort law deriving from artificial intelligence and robotics (Module III).

Content

The Programme is composed of three modules.

First Module (20 hours): analysis of the nature, goals and functions of the comparative methodology, legal families and legal systems, competition and circulation of legal models.
Second Module (40 hours): analysis of contract law in European private regulation, in the specific perspective of technological innovation and digital economy. Detailed analysis of the regulation, discipline and remedies concerning consumer (B2C) and business (B2B) contracts.
Third module (12h): analysis of the issue of responsibilities accountable to producers of goods and operators of intermediation platforms in the era of robots (IoT, Internet of bodies), artificial intelligence and digital economy.

Extended Syllabus

Module I – Comparative Legal Systems and Basic Elements of European Private Law
a. presentation and understanding of the main features of the most representative Western legal systems belonging to the Western legal tradition;
b. historical origins of the different legal families (in particular: civil law and common law), administration of justice, method of decision of the judiciary power and value of the precedents (stare decisis);
c. the sources of law in the different legal systems: the era of codifications in civil law systems, the role of the judges in common law systems;
d. presentation and understanding of the European Private Law regulatory framework.

Module II - Digital Revolution and Contract Law
a. European consumer law: distance selling, e-commerce, contracts for the supply of digital contents and digital services. Classification of contracts, discipline and remedies. Consumer protection framework and discipline of unfair commercial practices.
b. Business and digital economy: smart contracts, block chains, competition and regulation of digital platforms.

Module III - Digital Revolution and Liability in Tort Law
a. IoT, Artificial intelligence and product liability;
b. The liability of providers and digital platforms.

Students enrolled in the teaching of Private Comparative Law shall NOT attend the entire Module III (Digital Revolution and Liability in Tort Law)

Recommended Bibliography

Module I:
- V. VARANO, V. BARSOTTI, La tradizione giuridica occidentale, vol. I, Giappichelli, last ed., chaps. III, IV, V.

Module II and III:
- A. QUARTA, G. SMORTO, Diritto Privato dei mercati Digitali, Le Monnier, 2020 (except chap. 1, 2 and 5).

During classes, cases and materials shall be available to students through the moodle platform, in order to promote the active participation to classes. Access to the moodle platform is possible to any student who has inserted this teaching into her/his learning programme

Texts for students enrolled in the class of Private Comparative Law:
- V. VARANO, V. BARSOTTI, La tradizione giuridica occidentale, vol. I, Giappichelli, ult.ed., chapts. I III, IV, V.
On contracts and Digital Market, Module II:
- A. QUARTA, G. SMORTO, Diritto privato dei mercati digitali, Le Monnier, 2020 (except chapts. 1, 2, 5 e 6).

Methods of Provision

Conventional

Teaching Methods

Knowledge and skills are transmitted not only through the traditional academic lecture, but also through alternative teaching techniques (problem based learning, cooperative learning, flipped lessons, moot courts, etc.), which require the constant active and critical participation of students, both in class and individually. During the lessons, students will be provided in advance with the materials (excerpts of sentences, laws, regulations, extracts of articles and books) useful for the next lesson, in order to allow students to participate actively. The careful combination of educational objectives and appropriate teaching methodology will allow students to acquire understanding skills at macro and micro-comparative level, also applied to the solution of concrete cases, autonomy of judgement and professional skills. The communication skills will be practised through moot courts, written exercises and oral presentations of monographic topics entrusted individually to the students.

Assessment Methods

Oral exam.
Two written tests (intermediate and final) shall be submitted to students attending classes.
The evaluation criteria shall be defined as follows. To three skills are identified: 1. Written skills; 2. Participation to class activities; 3. Oral presentation. For each of these skills a mark is assigned (from 18 to 30), with a different weighted voting
- Skill 1: WEIGHT 22
- Skill 2: WEIGHT 20
- Skill 3: WEIGHT 30
The final mark is calculated by multiplying the mark attributed to each skill by the weight assigned. The sum of the values thus obtained shall be then divided by the sum of the weights

Assessment:

Final Mark

Programme of Educational Activities

Start date of teaching period:

Monday, September 14, 2020

End date of teaching period:

Friday, December 11, 2020

Other Information

At the beginning of the course, students will be provided with a detailed schedule of lessons and seminars.
Students enrolled in the teaching of Private Comparative Law shall attend the first two modules only.