BANKING CONTRACT LAW
Learning outcomes of the course unit
At the end of the training activity, the student should have acquired knowledge and skills related to the main issues and the most important issues of contract law. Particularly, it is expected that the student will be able to:
1. Know the legal provisions contained in the Civil Code and the special laws governing the banking contracts, typical and atypical; To remember, from the teaching of Private Law Institutions and Civil Law II, the basic definitions of obligation, contract, as source of obligations, and of each single contract, subject of study; Read and understand a jurisprudential pronouncement; Interpret the rules systematically, according to doctrinal and jurisprudential guidelines (knowledge and understanding skills).
2. Apply interpretations acquired in concrete cases; Be able to perform practical case studies through the techniques of legal argumentation, under the guidance of the Teacher (ability to apply knowledge and comprehension).
3. Know how to analyse autonomously, critically, jurisprudential pronouncements and cases of reality through the process of interpretation of the fact and its legal qualification (autonomy of judgment).
4. To publicize the conclusions of their own analysis of the pronunciation and / or the concrete case, adequately motivating them on the basis of interpretative norms and guidelines (communicative abilities).
5. Being able to link the different topics dealt with each other, with basic and related disciplines; For attending students, be able to act, if necessary, in a context of collective case study; To know how to evaluate the various alternative solutions to different concrete situations (learning ability).
For students enrolled in the first year from aa. 2013/2014, in order to support the examination of Banking Contract Law, you must have passed the examinations of: Institutions of Private Law, Institutions of Roman Law, Constitutional Law. It is highly recommended to have passed the examination of Civil Law II [from a.a. 2020/2021: Civil Law II (The Contract)].
Course contents summary
The course covers the monographic study of the discipline of some typical and atypical bank contracts. Particularly, in the first part of the course, the general profiles and sources of banking contract law, banking transparency, pathologies and remedies in banking negotiations will be addressed; In the second part, “passive” transactions, such as deposits and bank accounts; In the third part, the bank's “active” operations, such as the mortgage, the opening of credit, the discount agreement and housing leasing; In the fourth part, ancillary services and bank guarantees.
1) As regards the general discipline of banking contracts, the reference text is: A.A., The banking contracts, edited by F. Piraino and S. Cherti, Giappichelli, 2016.
The text will only be studied with reference to the following chapters: Introduction; chap. I (The bank deposit); chap. II (The bank current account); chap. III (The opening of bank credit and bank advance); chap. IV (The bank discount); chap. V (The banking accessory service concerning safe deposit boxes); chap. VII (The new discipline of real estate credit to consumers); chap. VIII (Real estate leasing for the purchase of the main house); chap. IX (The Mortgage Loan); chap. X (Consumer credit); chap. XI (microcredit); chap. XII (The autonomous guarantee contract); chap. XIV (Card and electronic money payment systems); chap. XV (The deposit of securities in administration). (about 410 pp., but footnotes which do not contain jurisprudential references are to be excluded).
The following paragraphs are therefore excluded: chap. VI (The mutuo), and chap. XII (The suretyship).
2) It is essential that the study of the text be accompanied by the constant consultation of the CIVIL CODE and the main special contractual laws, including the D.Lgs. 1 September 1993, n. 385, published in appendix to the most popular editions of the CIVIL CODE.
3) Students will have to choose 2 jurisprudential judgments, among those published on a weekly basis, on the Elly platform (see "Teaching Methods").
Didactic activities will be conducted by oral frontal lessons.
During the lessons, focusing, on the one hand, on the deepening of some contractual institutions, the dialogue with the classroom will be privileged. In parallel with each lesson, the correlative guided practical exercises (case law and case studies, simulations even in groups) will be carried out.
Two jurisprudential decisions should be considered as an integral part of the didactic material, chosen among those published on the Elly platform.
It is recommended that all students also take a look at the Elly platform of any recent regulations or uploaded footage by the Teacher.
Assessment methods and criteria
The final evaluation (vote on thirty) takes the form of an oral exam with at least three questions, with reference to the suggested texts and the parts indicated. The final examination aims at assessing whether the student has knowledge and understanding of the institutes and has acquired interpretative competence in jurisprudential pronouncements. The level of sufficiency will be reached when the student has demonstrated knowledge and understanding of the institutes as well as minimum application competencies regarding the autonomous, critical and reasoned exposure of the two jurisprudential judgments selected between those published by the teacher on the Elly platform. Below these thresholds, the examination will be insufficient. Voting of the oral test is communicated immediately at the end of the test.