OVERVIEW

This course introduces a summary of European legal sources, institutions, juridical science and practice between the Early Middle Ages and the Contemporary Age, with specific regard to commercial law. It provides the student with the expertise deemed essential for every business and public administration lawyer, namely the basic knowledge for comprehending the evolution of commercial law and for noticing continuities and discontinuities in juridical experience between past and present.

AIMS AND CONTENT

LEARNING OUTCOMES

Development of Commercial and Maritime Law and its institutions from medieval origins to modern codifications. Direct approach to historical sources of Commercial Law and their analysis.

AIMS AND LEARNING OUTCOMES

The course of History of Commercial Law introduces the study of the juridical phenomenon in its historical dimension, with specific regard to commercial law, in order to make students aware of the historical background of the current legal technicality, namely a tradition and an evolution more than a thousand years old.

Attending the course, as well as participating to the educational activities proposed and the personal work will finally enable the student to:

- know, identify and distinguish the most important periods, legal institutions and personalities of the history of medieval and modern commercial law (5th – 20th century AD);

- comprehend, coordinate and explain the complicated set of commercial legal sources (customs, legislation, legal doctrine and practice);

- remember and value the connections between legal history and political, social and economic ones;

and therefore to:

• be aware of the importance of considering law, and especially commercial one, in its historical dimension too, in order to perceive and discuss its changes, continuities and discontinuities.

PREREQUISITES

The essential basics of European history are taken for granted.

TEACHING METHODS

This 36-hour course combines lectures with video-projections. The lectures will present, explain and exemplify the objects of the course program that the student will consequently assimilate through personal work. The slides projected during the lectures will be available, as well as course updates and other educational material, on the e-learning platform “Aulaweb”.

The course attendance is suggested (rules will be explained during the first lectures).

During the course, attending students will be able to take an elective written test, based on already given lectures and slides and concerning the medieval part of the program only, which will be revised by the professor.

To make studying easier, students will be able to take advantage of the professor’s support during the lectures, as well as during office hours and by appointment made by email. Students will be able to take advantage of teaching assistants and tutors’ support too.

SYLLABUS/CONTENT

The course will be based on the presentation and discussion of the following topics:

- Introduction to history of European juridical and economic experience, from the Middle Ages to the Contemporary Era;

- Early Medieval period. Germanic law; feudal age; manorial economy.

- Period of ius commune (12th-18th century AD). Commercial revolution, legal sources, institutions, juridical culture. Local and particular laws, legal sources system, “Scuola culta”, consulting and judging jurisprudence, Enlightenment and law, legal sources in the 18th century.

- Period of codifications. Sources of private and commercial law from the First to Second Industrial Revolution, Napoleonic model, history of the codification of commercial law in Italy.

RECOMMENDED READING/BIBLIOGRAPHY

Attending students enrolled in the Corso di Laurea SLIPA: to pass the final exam it will be necessary to study the following textbook (together with class notes and slides projected during the lessons):

• A. PADOA SCHIOPPA, Saggi di storia del diritto commerciale, Milano, LED,1992 (pages 1-248).

• The textbook will have to be completed with class notes, which will be available on the e-learning platform “Aulaweb”, according to rules explained by the professor during the lectures.

Non-attending students enrolled in the Corso di Laurea SLIPA: to pass the final exam it will be necessary to study the following textbooks:

• P. Alvazzi del Frate, M. Cavina, R. Ferrante, N. Sarti, S. Solimano, G. Speciale, E. Tavilla, Tempi del diritto. Età medievale, moderna e contemporanea, Torino, Giappichelli 2016, chapter I and II (pages 1-112);

• A. PADOA SCHIOPPA, Saggi di storia del diritto commerciale, Milano, LED,1992 (pages 1-248).

Attending students enrolled in the Corso di Laurea Magistrale in Giurisprudenza: to pass the final exam it will be necessary to study the following textbook (together with class notes and readings given by the professor):

• A. PADOA SCHIOPPA, Saggi di storia del diritto commerciale, Milano, LED,1992, from chapter V to chapter VII only (124 pages).

Non-attending students enrolled in the Corso di Laurea Magistrale in Giurisprudenza: to pass the final exam it will be necessary to study the following textbooks:

• U. SANTARELLI, Mercanti e società tra mercanti, Torino, Giappichelli, 1998 (pages 1-204);

• A. PADOA SCHIOPPA, Saggi di storia del diritto commerciale, Milano, LED,1992, from chapter V to chapter VII only (124 pages).

Attending Erasmus students: to pass the final exam it will be necessary to study the following textbook:

• U. SANTARELLI, Mercanti e società tra mercanti, Torino, Giappichelli, 1998 (pages 1-204).

Non-attending Erasmus students: to pass the final exam it will be necessary to study the following textbooks:

• U. SANTARELLI, Mercanti e società tra mercanti, Torino, Giappichelli, 1998 (pages 1-204);

• A. PADOA SCHIOPPA, Saggi di storia del diritto commerciale, Milano, LED,1992, from chapter V to chapter VII only (124 pages).

TEACHERS AND EXAM BOARD

Exam Board

ROBERTA BRACCIA (President)

DANIELE COLONNA

MATTEO CARMINE FIOCCA

LESSONS

LESSONS START

I semestre dal 17 settembre al 7 dicembre 2018
II semestre dal 25 febbraio al 17 maggio 2019

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

Attending students enrolled in the Corso di Laurea SLIPA:

the final exam will be oral and based on lectures, slides and textbooks. The final judgement will be given by a specific examination board, using a 30-point scale that can be divided into failing (0 to 17) and passing (18 to 30 cum laude) grades. To take the final examination, students must previously enroll online. Candidates are asked to cancel online the enrollment, in case they decide not to take the exam.

During the course, attending students will be able to take an elective written test, based on already given lectures and slides and concerning the medieval part of the program only, which will be revised by the professor. In case they pass the test, the final oral exam will concern the second part of the program only (textbook by A. PADOA SCHIOPPA, Saggi di storia del diritto commerciale). The grade of the elective written test, whose validity shall be for one year, will be given by using a 30-point scale. The student’s final and complete judgement will represent the weighted average resulted from the elective written test and the final oral exam, expressed by using a 30-point scale. However, if the student decides not to take the elective written test or if the student fails it or is not satisfied with the result of the test, the final oral exam will concern the whole program.

Non-attending students enrolled in the Corso di Laurea SLIPA:

the final exam will be oral and based on textbooks. The final judgement will be given by a specific examination board, using a 30-point scale that can be divided into failing (0 to 17) and passing (18 to 30 cum laude) grades. To take the final examination, students must previously enroll online. Candidates are asked to cancel online the enrollment, in case they decide not to take the exam.

Attending students enrolled in the Corso di Laurea Magistrale in Giurisprudenza:

the final exam will be oral and based on lectures, readings given by the professor and the textbook. The final judgement will be given by a specific examination board, using a 30-point scale that can be divided into failing (0 to 17) and passing (18 to 30 cum laude) grades. To take the final examination, students must previously enroll online. Candidates are asked to cancel online the enrollment, in case they decide not to take the exam.

Non-attending students enrolled in the Corso di Laurea Magistrale in Giurisprudenza:

the final exam will be oral and based on textbooks. The final judgement will be given by a specific examination board, using a 30-point scale that can be divided into failing (0 to 17) and passing (18 to 30 cum laude) grades. To take the final examination, students must previously enroll online. Candidates are asked to cancel online the enrollment, in case they decide not to take the exam.

Attending Erasmus students will be able to take an elective written test – based on already given lectures and slides and concerning the medieval part of the program only – during the course, which will be revised by the professor.

The final exam will be oral and based on the textbook (U. SANTARELLI, Mercanti e società tra mercanti). The final judgement will be given by a specific examination board, using a 30-point scale that can be divided into failing (0 to 17) and passing (18 to 30 cum laude) grades. To take the final examination, students must previously enroll online. Candidates are asked to cancel online the enrollment, in case they decide not to take the exam.

Non-attending Erasmus students:

the final exam will be oral and based on textbooks (U. SANTARELLI, Mercanti e società tra mercanti and A. PADOA SCHIOPPA, Saggi di storia del diritto commerciale). The final judgement will be given by a specific examination board, using a 30-point scale that can be divided into failing (0 to 17) and passing (18 to 30 cum laude) grades. To take the final examination, students must previously enroll online. Candidates are asked to cancel online the enrollment, in case they decide not to take the exam.

ASSESSMENT METHODS

During the final oral examination, a specific examination board will ask the candidate a multiplicity of questions. By answering, the candidate will be asked to demonstrate learning and understanding of the program.

The elective written test – based on already given lectures and slides - will consist of four short essay questions. By answering, the candidate will be asked to demonstrate learning and understanding of the medieval part of the program only.

The student will have to be able to:

• comprehend the importance of considering law in its historical dimension, with specific regard to commercial law context;

• distinguish the most important periods, legal institutions and personalities;

• coordinate medieval and modern legal sources;

• discover the connections between legal history and political, social and economic ones;

• debate changes, continuities and discontinuities.

Therefore, the assessment will be based also on the quality of the oral exposition, the correct use of juridical language and especially on the capacity of critical thinking.

Exam schedule