HISTORY OF COMMERCIAL LAW
Learning outcomes of the course unit
The course offers an overview of the evolutions and transformations undergone by commercial law over the centuries, with the aim of highlight the essentially historical dimension of the juridical phenomenon and to highlight the importance of an opportune historical framework of current law. More specifically, the course aims to develop and deepen the origins, purposes and institutions of commercial law between the Middle Ages and the Modern Age. It is therefore a question of developing a critical conscience about the law in force, capable of warning against the easy risk of recognizing an unnatural necessary, immutable and definitive quality of the current legal solutions, instead of their inevitable contextual, dynamic and particular characterization. The student is expected to be able to demonstrate that he has matured these concepts by studying the concepts of the course.
Course contents summary
The subject studied concerns the examination of the historical events of commercial law between the medieval, modern and contemporary ages, with reference to both sources (legislative, doctrinal, documentary, jurisdictional) as well as to institutes and jurists. Particular attention will be paid to the theme of the function of the medieval merchant, the birth of mercantile societies, bankruptcy, the prohibition of usury, commercial law in the age of codifications, the science of commercial law, the Italian political transformations of the twentieth century in relation to changes in commercial law.
U. Santarelli, Mercanti e società tra mercanti, Giappichelli Editore, Torino (199 pages)
A. Monti, Per una storia del diritto commerciale contemporaneo, Pacini Editore, Pisa
(pages 51-231: 180 pages)
total 379 pages
The course is divided into frontal lessons conceived in the way of active learning, with oral presentation of the subjects that are the object of the teaching. Each lesson will be 60 minutes. Part of the lessons will be of a seminar character and aimed at the thematic study of individual highlights of the course.
Assessment methods and criteria
The summative assessment of learning consists of a final oral test, i.e. an oral question consisting of at least three questions, intended to ascertain to what extent, on an assessment scale from 0 to 30, the student is able to highlight the history, role and importance of the history of commercial law. To this end, the student must obviously demonstrate that he has studied and understood the concepts that were taught during the lectures and which are in any case contained in the texts recommended for the preparation of the exam. Students will be examined according to the alphabetical order of the surname.
In the event that the health emergency continues and depending on how it evolves, the exam may take place either in mixed mode (i.e. in the presence, but with the possibility of support even remotely for students who request it from the teacher) , or only with online mode for everyone (remotely). The chosen method will be promptly notified on the Esse3 system in advance of the exam.