Università degli Studi di Napoli "Parthenope"

Teaching schedule

Academic year: 
2016/2017
Belonging course: 
Course of Master's Degree Programme on INTERNATIONAL TRADE & COOPERATION
Disciplinary sector: 
BUSINESS LAW (IUS/04)
Language: 
Italian
Credits: 
9
Year of study: 
2
Teachers: 
Cycle: 
First Semester
Hours of front activity: 
72

Language

Italian

Course description

Knowledge and understanding: The student must demonstrate knowledge and know how to understand the main profiles related to international business law institutes, regarding the system of sources, the organization of enterprises and the collaboration between entrepreneurs.

Ability to apply knowledge and understanding: The student must demonstrate that he is able to use his acquired knowledge to identify and solve the main problems concerning the activity of enterprises operating in the international and European field.

Autonomy of judgment: Students must be able to autonomously assess alternatives among several solutions about practical issues concerning the activity of enterprises operating in the international field and to make the best decisions for the specific context.

Communication skills: The student must be able to communicate with other professional based on the concepts learned, about the preparation of financial statements according to international accounting standards, international insolvency and intra-community procedures and the cooperation between enterprises.

Learning skills: The student must be able to autonomously integrate the concepts learned, through the normative and jurisprudential updating, to be constantly informed to the evolution of the legislation and the practices of international trade.

Prerequisites

The course requires the knowledge of the institutes of business law, specially about enterprise and company law and the cooperation between entrepreneurs.

Syllabus

I. THE SOURCES OF INTERNATIONAL COMMERCIAL LAW. Introduction to the sources of international commercial law. International organizations. National and European legislation. International conventions. The rules of uniform law and the customs of international trade. The Lex mercatoria. The UNIDROIT Principles. THE INTERNATIONAL CONTRACT. The international contract. Negotiation techniques. Contract formation. The standard contract in international trade. The law applicable to the international contract.
II. THE MOST DIFFUSED INTERNATIONAL CONTRACTS. International sale of movable property. International supply and subcontracting. Distribution contracts. Technology transfer contracts. International procurement. Engineering contracts. The trusts. E-commerce. Project financing. Payments and international guarantees. International leasing. The international assignment of credit. The operation of the financial company abroad. International insurance. International transport. THE INTERNATIONAL RULES OF COMPETITION AND INTELLECTUAL PROPERTY. The understandings. The European antitrust discipline. The abuse of a dominant position. The European antitrust discipline. The concentrations. The community and international trademark. The European and international patent. The protection of geographical indications.
III. THE INTERNATIONAL COMPANY. Condition of reciprocity and right of establishment. The European Society. European cooperative society. The EEIG. Cross-border mergers. International accounting standards. Foreign companies in Italy. The joint venture. DISPUTES. International litigation: jurisdiction and recognition of
foreign judgments. International bankruptcy. Alternative means of dispute resolution. International commercial arbitration. EU insolvency.

The course content will be divided into several lesson blocks:
First block (24 hours – 3 c.f.u.): Sources of international business law. The international contract.
Second block (24 hours – 3 c.f.u.): International contracts. The international regulation of competition and intellectual property.
Third block (24 hours – 3 c.f.u.): The international business. The disputes.

Teaching Methods

Frontal lessons, during which the institutes of international trade law are dealt with, drawing from the foundations of commercial law, also through the use of concrete cases.

Textbooks

U. Patroni Griffi (cur.), Manuale di diritto commerciale internazionale, Milano, last ed.

Learning assessment

The attainment of the training objectives is ensured by an oral interview, aimed at verifying the acquisition of the competences covered by the program. The test aims to verify the understanding of the discipline of the sources and the main institutes of international commercial law.

More information

The reference text is integrated with additional material available on the reserved area. Students may ask for further explanations to the teacher by writing to the email address carlo.limatola@uniparthenope.it