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

Introduction to the history of European legal experience. Sources, institutions, legal culture from Early Middle Ages to the age of codification with specific reference to commercial law.

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 on the e-learning platform “Aulaweb”.

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

During the course, attending students enrolled in the Corso di Laurea SLIPA 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.

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. MONTI, Per una storia del diritto commerciale contemporaneo, Pisa, Pacini Editore, 2021 (pp. 232). 

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 (or later editions), chapter I and II (pages 1-112);
• A. MONTI, Per una storia del diritto commerciale contemporaneo, Pisa, Pacini Editore, 2021 (pp. 232).

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 slides projected during the lessons):

• A. MONTI, Per una storia del diritto commerciale contemporaneo, Pisa, Pacini Editore, 2021 (pp. 232).

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. MONTI, Per una storia del diritto commerciale contemporaneo, Pisa, Pacini Editore, 2021 (pp. 232).

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).

TEACHERS AND EXAM BOARD

Exam Board

FEDERICA FURFARO DEGASPERI (President)

RICCARDO FERRANTE

ROBERTA BRACCIA (Substitute)

DANIELE COLONNA (Substitute)

MATTEO CARMINE FIOCCA (Substitute)

MAURA FORTUNATI (Substitute)

DANIELE ROSA (Substitute)

LORENZO SINISI (Substitute)

LESSONS

LESSONS START

II semester

Start date of classes: 15/02/2022

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. In case they pass the test, the final oral exam will concern the second part of the program only (textbook by A. MONTI, Per una storia del diritto commerciale contemporaneo, Pisa, Pacini Editore, 2021). The validity of the eligibility obtained at the elective written test shall be for one year. However, if the student decides not to take the elective written test or if the student fails it, 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 the two textbooks (P. Alvazzi del Frate, M. Cavina, R. Ferrante, N. Sarti, S. Solimano, G. Speciale, E. Tavilla, I tempi del diritto. Età medievale, moderna e contemporanea, Torino, Giappichelli 2016 (or later editions), chapter I and chapter II; A. MONTI, Per una storia del diritto commerciale contemporaneo, Pisa, Pacini Editore, 2021). 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 (A. MONTI, Per una storia del diritto commerciale contemporaneo, Pisa, Pacini Editore, 2021). 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 the two textbooks (U. Santarelli, Mercanti e società tra mercanti, Torino, Giappichelli, 1998; A. MONTI, Per una storia del diritto commerciale contemporaneo, Pisa, Pacini Editore, 2021). 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.

Erasmus students:

the final exam will be oral and based on the textbook (U. Santarelli, Mercanti e società tra mercanti, Torino, Giappichelli, 1998). 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.

In the elective written test – based on already given lectures and slides - 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