Market regulation and customers' protection
The Course aims to obtain the knowledge about the relations between Italian and European market rules and consumer protection laws (consumer intended not only like a weak party of a contract but also like an economic operator), studying the mains rules in Italy and EU.
In one hand the Course highlights the subjective aspects (consumer; typical consumer; user; trader etc.) and, in other hand, the objective aspects, underlining the transition from a static to a dynamic concept of the contract, like a instrument to obtain goods and – at the same time – like an activity suitable to influence market dynamics.
The learning objectives of the course can be as follows:
Knowledge and understanding: the student must be able to understand the impact of European consumer law on the Italian civil code, with particular reference to the identification of the subjective qualification assumed by the definition of "consumer" as well as by the different discipline of the consumer contracts.
Ability to apply knowledge and understanding: at the end of the course, the student will be able to identify the discipline of consumer contracts and relationships existing between the provisions of the civil code and consumer code, not intended as a special law but as specialized law.
Autonomy of judgement: after learning aspects of relevant legislation, the student will be able to identify the best solutions provided by law in order to recognize the protection of consumer rights, both from the judicial and extrajudicial perspectives.
Communication skills: the student must be able to answer in a clear and comprehensive to the oral test questions.
Learning skills: students must demonstrate a good ability to learn and deepen their knowledge about important and relevant references for the object of study. Students will also demonstrate the ability to apply the knowledge gained to case studies that will be asked during the exam.
Knowledge of Institutions of Private Law
The fundamental consumer’s rights in European and Italian perspective; Subjective Definitions; Unfair clauses in the consumers’s contracts; Information obligations; Aggressive contracts; Right of withdrawal and the other consumer’s contractual rights; Sale of consumer goods and associated guarantees; Unfair commercial practices; General product safety; Public and Private enforcement; Individual and collective protection; ADR
Lectures and case studies
L. Rossi Carleo (a cura di), Diritto dei consumi. Soggetti, atto, attività, enforcement, G. Giappichelli editore, Torino, 2015.