AGRICULTURAL LAW
Academic year and teacher
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- Versione italiana
- Academic year
- 2021/2022
- Teacher
- LUIGI RUSSO
- Credits
- 6
- Didactic period
- Secondo Semestre
- SSD
- IUS/03
Training objectives
- The student will be able to acquire first of all basic legal knowledge, necessary to allow him an adequate approach to the study of the main disciplinary profiles of the topic, such as agricultural contracts, the figure of the agricultural entrepreneur, the direct farmer and the professional farmer, the right to agrarian pre-emption, in addition to the necessary hints on the Common Agricultural Policy elaborated by the European Union legislator.
Prerequisites
- The course aims to provide the student with the fundamental legal bases, before delving into the more specific plots of the matter, so that there are no prerequisites required.
Course programme
- At the beginning of the course, fundamental legal concepts and notions will be dealt with, such as subjective rights, obligations, contracts, business activities, as well as hints on the law of the European Union and its institutions. Once this minimum cultural background has been acquired, the study of the matter will begin, and in particular the main sources of domestic, European Union and international agricultural law will be analyzed. As for internal sources, the pertinent constitutional rules will be examined and the legislative and administrative competences attributed to the Regions in the sector will be considered; as for EU law, there will be hints on the common agricultural policy. About 24 hours of the course will be dedicated to these aspects.
Once the discussion of the sources has been completed, the agricultural enterprise regulations referred to in art. 2135 of the Italian Civil Code and the special legislation that has arisen, such as the laws on agritourism, The statute of the agricultural entrepreneur. The direct farmer, the I.A.P., Agricultural companies and the fisherman entrepreneur. The new law on forests and forestry chains. The right of pre-emption in the purchase of agricutlural land. Organizations of agricultural producers. The discipline of the contract for the sale of agricultural and food products. About 20 hours of the course will be dedicated to these aspects.
The course will conclude with the examination of the legislation on agricultural contracts, dealing with the current legal framework on the lease of land, with particular attention to the instrument of the so-called agreements in derogation. About 4 hours of the course will be dedicated to these aspects. Didactic methods
- The course will be developed with lectures, during which explanatory slides will be presented on the topics dealt with from time to time and / or the pertinent regulatory provisions viewed through access to databases.
Learning assessment procedures
- For students attending the course, the opportunity will be given to take the exam in the pre-session, shortly after the end of the lessons, in written form; it is a mere possibility, so even those attending may decide to take the exam orally, on the occasion of the official sessions. The questions (open, or free answer) formulated in the pre-exam will normally be four and will cover the topics covered during the lessons: the final grade will be given by the average of the marks assigned to each question posed to the candidates.
For non-attending students, the exam will be taken exclusively in oral form, and will focus on a discussion, normally divided into three questions, on distinct topics, however the subject of discussion in the volume suggested for the preparation of the exam, reported under the heading " Reference texts ". The final evaluation will be the result of the average of the marks obtained by the student for each question. Reference texts
- L. Costato L. Russo, Corso di diritto agrario italiano e dell’U.E., V ed., Giuffrè, Milano, 2019
