EU LAW OF CONSUMER CONTRACTS
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- MARCELLO FARNETI
- Credits
- 6
- Didactic period
- Secondo Semestre
- SSD
- IUS/01
Training objectives
- The course aims at providing students with an updated knowledge on the fundamental aspects of the EU Law of Consumer Contracts, both with reference to the EU legislation and case law, and to the different legal norms introduced in the national (Italian in particular) systems in consequence of the implementation of the former (main acquired knowledge). The critical assessment of these topics aims at giving students the necessary instruments to analyse national Consumer Law as a proper subsystem in the existing general disciplines on Contract Law in the various systems of the EU Member States. Besides that, and from a more practical point of view, students at the end of the course will be more familiar with the dynamics and instruments of European Union Law, and will have deepened their knowledge and understanding of Contract Law as a particular branch of Private Law (main acquired skills).
Prerequisites
- Besides having a good knowledge of the Italian language and its grammar, students are thus required to have a good knowledge of the general principles and fundamental institutions of Private Law (Contract Law in particular) and European Union Law as well as the ability of logical and legal reasoning and interpretation of legal materials.
In order to be admitted to examination, students must have passed the following exams: Constitutional Law, Institutions of Private Law and European Union Law. Course programme
- A first institutional part of the course (lectures for a total of 10-12 hours out of 40) is dedicated to the historical roots of consumerism, and to the origins and development of consumer policy in the EU. The second part of the course is dedicated to special topics regarding the following EU Consumer Contract Law directives and its implementation in the national Systems: 1990/314/CEE; 1993/13/CEE; 1999/44/CE; 2005/29/CE; 2008/48/CE; 2008/122/CE; 2009/22/CE; 2011/83/UE; 2013/11/UE; 2014/17/UE (lectures for a total of 10-12 hours). In the last part of the course the development of European Consumer Contract Law is also illustrated by the presentation and analysis of various judgements of the European Court of Justice (10-12 hours), the newest of which will be analyzed together in dialogue with the students (6-8 hours).
Didactic methods
- Lectures during which the development on European Consumer Contract Law will be illustrated also by the presentation and analysis of various judgements of the European Court of Justice, in dialogue with the students.
Learning assessment procedures
- Oral examination during which students are required to discuss 3-4 questions focused on issues and topics treated during the classes, in order to verify in-depth understanding and criticism of the themes studied during the course, as well as the knowledge of the disciplines. During the examination to each competence will be assigned a proportional weight in the context of an evaluation composed of thiertieths.
The possibility to take the exam in the week immediately after the course is limited to students attending classes. Reference texts
- - A. BARENGHI, Diritto dei consumatori, Milanofiori Assago (CEDAM-Wolters Kluwer), 2nd ed., 2020 (Chapters II-IV)
- G. ALPA - A. CATRICALA' (eds.), Diritto dei consumatori, Bologna (Il Mulino), 2016, pp. 17-62 (Introd., Chapter I)
- G. DE CRISTOFARO, Le discipline settoriali dei contratti dei consumatori-I contratti a distanza e fuori dai locali commerciali: area di applicazione della disciplina-Il regime dei contratti a distanza e fuori dai locali commerciali, in Trattato dei contratti, diretto da V. Roppo e A.M.Benedetti, V, Mercati regolati, Milano (Giuffrè), 2014, pp. 1-120
- M. FARNETI, Il recesso nei contratti negoziati a distanza e fuori dai locali commerciali, in Trattato dei contratti, diretto da V. Roppo e A.M.Benedetti, V, Mercati regolati, Milano (Giuffrè), 2014, pp. 121-171
- The Text of the following Directives: 1993/13/EEC; 2005/29/EC; 2008/48/EC; 2008/122/EC; 2009/22/EC; 2011/83/EU; 2013/11/EU; 2014/17/EU; 2015/2302/EU; 2019/771/EU.
Students who attend classes may prepare for the exam studying various texts and materials that will be delivered directly from teacher.
