BANKING CONTRACT LAW
Learning outcomes of the course unit
The course explains the rules which compose the legal framework of the banking contract law system.
At the end of the course, students will be expected to:
1. Know the legal provisions contained in the Civil Code and the special laws governing the banking contract law system;
2. Be able to describe the rules governing each topic
3. 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).
4. Know how to analyze autonomously, critically, jurisprudential pronouncements and cases of reality through the process of interpretation of the fact and its legal qualification (autonomy of judgment).
5. Be able to link the different topics dealt with each other, with basic and related disciplines.
To sit the exam it is required to having successfully passed the following exams: "Istituzioni di diritto privato", "Istituzione di diritto romano" and "Diritto costituzionale".
Course contents summary
This Syllabus is compliant and consistent with the “Guidelines for the draft of the Syllabus and of the didactical plans” issued by the official body of the University of Parma called “Presidio di Qualità di Ateneo”.
The aim of the course is to describe rules and principles of Italian Banking Contract Law.
The course starts with the study of general rules of banking contracts. The course goes further taking into consideration the main figures of banking contracts, and in particular: bank deposit, bank current account, current account credit facility, bank advance, bank discount, safe deposit box service, mortgage, home leasing, lifetime mortgage, consumer credit.
During the course, cases and recent jurisprudential rulings will also be examined.
1) TEXT-BOOK (COMPULSORY)
F. PIRAINO e S. CHERTI (a cura di), I contratti bancari, Giappichelli, Torino, 2016 (from page XII to page XXX, and from page 1 to page 309).
The following parts of the text-book are not included in the Syllabus:
Capitolo XI, Capitolo XII, Capitolo XIII, Capitolo XIV, Capitolo XV (from page 311 to page 487).
2) LEGAL RESOURCES
It is also required the use of an updated Italian Civil Code with attached complementary laws.
At the choice of the student:
a) A. DI MAJO, Codice civile, Giuffrè, Milano, latest edition,
b) F. VOLANTI, Codice di diritto bancario, Giuffré, Milano, latest edition.
Didactic activities will be conducted through oral frontal lessons, for a duration of 36 hours, in accordance with the University’s guidelines. Besides, classes will be recorded and posted on Elly.
Students will be informed about any change about classes.
Assessment methods and criteria
The final evaluation 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 jurisprudential judgments. Below these thresholds, the examination will be insufficient. Voting of the oral test is communicated immediately at the end of the test.
Students will be promptly informed, through Esse3, of any changes in the examination methods (face-to-face, remote or mixed), due to the evolution of the COVID-19 emergency.