The course aims to provide students with skills in the specific field of entrepreneur’s civil liability in the exercise of the enterprise, starting from the foundations of the regulation of torts and breach of contract, up to examine the more complex models of corporate’s liability.
The learning objective is to develop a better knowledge of the general theory of civil liability, on one side, and highlight the special features of civil liability in relation to the enterprise activity, on the other side. The aim is to sensitize students to the consideration of specific emerging issues in this field, such as the management of enterprise risk, the need for an adequate organizational structure, the situations of scientific uncertainty and technical.
Particular attention is given to the precautionary and protective measures imposed by modern industrial civilization, even in the perspective of the protection of fundamental values such as the safety of individuals and the protection of the environment.
Expected learning outcomes
Knowledge and understanding:
Students will demonstrate knowledge of the main legal problems of corporate’s liability.
Applying Knowledge and understanding:
Students will demonstrate critical analysis capabilities and the ability to link concrete cases with abstract cases.
The student will be able to identify and solve problems related to corporate civil liability. In particular, will be able to submit opinions, negotiation and procedural solution.
Students will express their knowledge in a clear and efficient manner, with appropriate legal terminology.
Lifelong learning skills:
The student will deepen the knowledge gained through the updating of the sources of law, of the case law and doctrine. Will follow the normative evolution and will be able to tackle with maturity the specialist studies and the professional experiences and working paths.
The course is addressed to students of Bachelor's Degree Programme in Economics and Management [cod. 0251]. Students need to have basic knowledge in italian private law; in particular, they should already know the tort civil liability and the matters of breach of contract and contractual liability.
“Corporate CivilLiability” requires that students have passed the exams of Private law.
Part 1: Civil liability: notion and sources.The distinction between tortious liability and contractual liability.The basic rules: artt. 2043 and 1218 cod.civ. The principle of negligence in the area of tort law. The prohibition of “abuse of right” and other intentional torts.The infringement of a legally relevant interest (the wrongful damage).Contractual liability and remedies available to the aggrieved creditor.Vicarious liability.Liability arising from exercise of dangerous activities. Liability for damages caused by things in custody.Custody as criterion for attributing civil liability.
Part 2: Contractual and tortious liability of the commercial entrepreneur in the exercise of the enterprise. Corporate social responsibility (CSR). The employer’s liability for damages caused by his employees. The debtor’s liability for acts of his auxiliaries. The criteria for attributing liability: negligence and strict liability. The theory of liability for enterprise risk. The theory of multiple criteria for attributing liability. The principle of risk exposure. The adequacy principle and the precautionary principle. The environmental damage.The producer’s liability.Liability for defective products. Unfair competition torts.
Lectures, tutorials. Practical cases.
1) GALGANO F., I fatti illeciti, 2008 (ottava ristampa 2016), Editore:WoltersKluwer Italia.
In alternativa: TRIMARCHI P., Istituzioni di Diritto Privato, Giuffré Editore, ultima edizione, i soli capitoli relativi a: Atti illeciti e responsabilità civile; Gli atti illeciti; La responsabilità oggettiva; Danno, causalità e rimedi; L'inadempimento e la responsabilità contrattuale; L'inadempimento; La mora del debitore; L'inadempimento e il risarcimento del danno; La concorrenza sleale; Le intese restrittive della concorrenza; Gli abusi di posizione dominante; Le concentrazioni.
2) LUMINOSO A., Sulla responsabilità contrattuale ed extracontrattuale dell’impresa, in Contratto e Impresa, anno 2007 (fascicolo n. 4/5), pp. 917-932.
The above textbook eventually will be supplemented by study material provided during lectures or subsequently indicated by the lecturer.
All students (who follow or do not follow the course) will have to do an exam, which consists of oral examination about the program's arguments.
The vote will be expressed in thirty. The votes lower than 18 will be equivalent to an insufficient learning evaluation.