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.

At the end of the course, by participating to the educational activities proposed and through individual study, the student will be able to:

- know, identify and distinguish the most important periods, legal institutions and personalities of the history of medieval, modern and contemporary commercial law;

- 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;

- 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;

- communicate effectively in written and oral form; adapt their communication to the context and to use of sources and aids of various kinds.

The course of History of Commercial Law, through the expected learning outcomes, contributes to promoting Goal n. 4 - Quality education, of the 2023 Agenda for Sustainable Development (ensuring quality, equitable and inclusive education, and promoting lifelong learning opportunities for all).

PREREQUISITES

The essential basics of European history are taken for granted.

TEACHING METHODS

This 36-hour course is supported by video projection and divided into frontal lessons, discussion of questions/arguments, administration and discussion of cases/problems.

The concepts covered by the Program will be exposed, clarified and exemplified, which students will consequently have to acquire in their personal work. To test the active learning of these concepts and stimulate discussion, food for thought will also be offered in class, in the form of questions or cases, which students will discuss, individually or in groups.

The slides projected in class will be made available, together with the arguments and problems proposed and updates relating to the course, on the "Aulaweb" e-learning platform (also for the benefit of non-attending students).

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, concerning the 1) Part of the Program only and based on the notes and slides of the lessons already given as well as the arguments and issues debated.

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:

1. Part

Essential introduction to history of European juridical and economic experience in the Middle Ages: Early Medieval period (Germanic law, Justinian and the Corpus Iuris Civilis, feudal age, manorial economy); Late Medieval period (the "Medieval Legal Renaissance", the Bologna School and the Glossators, the Commentators, the ius commune system, the medieval Italian Commune civitatis and its law, classical canon law).

2. Part

Basic traits of the European economic experience; origins, characteristics, sources and evolution of commercial law from the Middle Ages to the Italian Civil Code in force. Economic activity, commerce and related regulation in the Early Middle Ages. The “commercial revolution” (XI-XIII sec); origin and evolution of the ius mercatorum. Merchants, Commercial Law and the Absolute State in the Modern Age. Commercial law in the age of codes: the Napoleonic model; the history of Italian commercial codification.

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 of the lessons relating to the 1) and 2) Part of the Program):

• F. GALGANO, Lex mercatoria, Bologna, il Mulino, 2016: Introduction and chapters I, II, III, IV, V, VIII, IX.

 ​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): chapters I and II;
• A. MONTI, Per una storia del diritto commerciale contemporaneo, Pisa, Pacini Editore, 2021: whole text.

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 of the lessons related to Part 2) of the Programme):

• F. GALGANO, Lex mercatoria, Bologna, il Mulino, 2016: whole text.

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:

• F. GALGANO, Lex mercatoria, Bologna, il Mulino, 2016: whole text;
• A. MONTI, Per una storia del diritto commerciale contemporaneo, Pisa, Pacini Editore, 2021: whole text.

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

• 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): chapters I and II.

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

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 the notes and slides of the lessons and the text indicated. 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, limited to the 1) Part of the Program, on the basis of the notes and slides of the lessons already given. If the student  passes this test, the final oral exam will focus only on the 2) Part of the Program, for which the student will have to study the class notes, the related slides and the book by F. GALGANO, Lex mercatoria, Bologna, il Mulino, 2016 (Introduction and chapters I, II, III, IV, V, VIII, IX). 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 indicated. 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 the notes and slides of the lessons related to the 2) Part of the Program and the text indicated. 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 indicated. 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 indicated (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, chapters I and II). 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 plurality of questions. By answering, the candidate will be asked to demonstrate learning and understanding of the Program.

With the elective written test, the learning and understanding of the 1) Part of the Program only acquired by the student enrolled in the Corso di Laurea SLIPA will be assessed. The elective written test will be based on the notes and slides of the lessons already given. This test shall consist of some short answer questions.

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