Università degli Studi di Napoli "Parthenope"

Teaching schedule

Academic year: 
2017/2018
Belonging course: 
Course of Bachelor's Degree Programme on TOURIST FIRM MANAGEMENT
Disciplinary sector: 
BUSINESS LAW (IUS/04)
Language: 
Italian
Credits: 
6
Year of study: 
2
Teachers: 
Cycle: 
Second semester
Hours of front activity: 
48

Language

Italian

Course description

The course aims to deepen the legal discipline of the enterprise activity, exercised by an individual or collective entrepreneur (companies, consortia, networks), with reference to the peculiarities of the tourism enterprise. The teaching activity is aimed at
Understanding of the institutional reality and legislation of companies with particular reference to tourism and cultural activities. Core of the discipline, with constant attention to the economic substance characterizing each legal institution and to the particularities of the tourism sector, consists of the study of company law, the accounting standards, the discipline of crises regarding bankruptcy and preventive agreement, the discipline of the contracts diffused in the tourism sector.
The learning objectives of the course can be as follows:
Knowledge and understanding: Student will demonstrate to have acquired a basic knowledge of legal regulation of all institutions covered by the course to understand the main legal problems related to the performance of both individual and company enterprise activities and their economic impact.
Applying Knowledge and understanding: Following the analysis and simulation of practical cases, student will develop critical analysis skills of the current discipline and the ability to link concrete cases with abstract situations.
Judging skills: Student, because of the knowledge and skills acquired, will be able to select and interpret the discipline to be applied to the institutes covered by the course, as well as being able to deal with complex problems. This judging skills must be realized in the ability to identify and solve problems of protection of rights and resolution of inter-individual and collective conflicts, also with the production of opinions, negotiation and procedural solutions, relevant and effective. These are essential skills in carrying out any professional activity.
Communicative skills: Student will express their knowledge in a clear and efficient manner, with appropriate legal terminology.
Lifelong learning skills: Student will develop the skills to deepen acquired knowledges through the constant updating of normative, jurisprudential and doctrinal sources, that will allow him to independently follow evolution of living law and to face with maturity successive paths of specialized studies and professional and work experiences.

Prerequisites

Knowledge of private law and public law.

Syllabus

I. Commercial law: object, historical evolution and sources. The enterprise (concept, categories, enterprise and intellectual professions, start and end of enterprise, imputation). Commercial publicity. The organization and the "circulation" of enterprise (documentation, internal assistants, farm. The enterprise in the market (contractual activity, commercial practices, unfair competition, antitrust discipline). Distinctive signs: generality. The cooperation between entrepreneurs (consortia and networks). Instruments for the mobilization of money (credit instruments, payment instruments), the crisis of enterprise, bankruptcy and the preventive arrangement.
II. The companies. Companies in general. Simple partnership. General partnership. Limited partnership. Limited company. Limited liability company. Cooperative companies. Transformation, merger and division of companies.
III. The private and public regulation of tourism. The sources. Tourist companies (accommodation facilities and travel agencies). Tourist professions. Special types of tourism. Reservations. Hospitality contracts. Hotel keeper’s responsibility. Catering contracts. Contracts of organized tourism. Transports and tourism. Tourism and nautical boating. Distribution and advertising of tourist services. Tourism and civil responsibility. The protection of tourist rights.

The course content will be divided into several lesson blocks:
First block (15 hours): Enterprice discipline. The enterprise in the market. Distinctive signs. Instruments for the mobilization of money, the crisis of enterprise, bankruptcy and the preventive arrangement.
Second block (18 hours):
The companies. Companies in general. Simple partnership. General partnership. Limited partnership. Limited company. Limited liability company. Cooperative companies. Transformation, merger and division of companies.
Third block (15 hours):
The private and public regulation of tourism. The sources. Tourist enterprises (accommodation facilities and travel agencies). Tourist professions. Special types of tourism. Reservations. Hospitality contracts. Hotel keeper’s responsibility. Catering contracts. Contracts of organized tourism. Transports and tourism. Tourism and nautical boating. Distribution and advertising of tourist services. Tourism and civil responsibility. The protection of tourist rights.

Teaching Methods

Frontal lessons, during which the systematic bases of commercial law are addressed, also through references to concrete cases and providing for the active involvement of students, drawing on basic knowledge.

Textbooks

For parts I) and II): Cian, Manuale di diritto commerciale, Giappichelli, 2016 (esclusi i §§ 14, 17, 18, 19, 29, 30, 31, 45, 47, 51, 61, 67, 68, 69, 70, 71, 72, 73).
For part III): except for students that have not passed Tourism Law exam:
Santagata, Diritto del turismo, Utet Giuridica, 2018 (IV ed.), without capp. II, VI, XI, XII, XVII).

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 fundamental notions of enterprise, company and bankruptcy law, making connections with the general principles of the tourism business discipline.

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