Università degli Studi di Urbino Carlo Bo / Portale Web di Ateneo


COMMERCIAL LAW mutuato
DIRITTO COMMERCIALE

A.Y. Credits
2020/2021 6
Lecturer Email Office hours for students
Elisabetta Righini By appointment via email
Teaching in foreign languages
Course with optional materials in a foreign language English
This course is entirely taught in Italian. Study materials can be provided in the foreign language and the final exam can be taken in the foreign language.

Assigned to the Degree Course

Law Degree for Labour Consultancy and Safety at Work (L-14)
Curriculum: Percorso comune
Date Time Classroom / Location
Date Time Classroom / Location

Learning Objectives

•    The course aims to convey to students the theoretical concepts and the theories necessary for understanding:
•    • basic legal and economic sectors, with particular reference to the operations of private business, both in individual and associate form;
•    • the national and Community rules and systems relating to economic and business activity, the legal discipline of the functioning of the markets and the rules governing the activity of economic, individual and collective actors;
•    • the aims, contexts and effects of the policies of law and economic policies, with particular reference to the activity of private business enterprises

Program


1.1 Introduction
2.1 The entrepreneur
2.2 The categories of entrepreneurs
A. Agricultural Entrepreneur and Business Entrepreneur
B. Small Entrepreneur. Family business
C. Collective business. Public enterprise
2.3 Acknoweledgment of the businessman's quality
A. The imputation of business activity
B. Start and end of the business
C. Legal capacity and business
2.4 The businessman's legal statute
A. Legal Advertising
B. Accounting records
C. Commercial Representation
2.5 The firm
2.6 Distinctive signs
A. Brands
B. Trademarks
C.  Signs
2.7 Copyrights and Industrial inventions
A. Copyright
B. Industrial inventions
C. Industrial models
2.8 Competition rules
A. Anti-monopoly legislation
B. Limitations of competition
C. Unfair competition
2.9 Consortia between entrepreneurs

3. Credit Certificates in General
3.1 The bill
3.2 The bank check
3.3 Circular Checks

4.1 The business crisis: bankruptcy and other bankruptcy proceedings
5.1. The companies
A. The notion of company and of corporation
B. Types of companies and corporations and their characteristics 

Bridging Courses

As part of the pre-requisites for the different disciplinary sectors present in the degree course, it is not possible to pass the Commercial Law exam without previously passing the exam of Institutions of Private Law

Learning Achievements (Dublin Descriptors)

Knowledge and understanding:

 at the end of the course students must have acquired the knowledge and understanding of the national legal rules governing the conduct of the business activity, both with reference to the individual and corporate enterprise

 The acquisition of the aforementioned requirements will be verified through the following methods: any intermediate tests and final exams of the individual courses;

 Applying knowledge and understanding: students must be able to apply the knowledge acquired appropriately and flexibly in order to interpret and apply the rules relating to the performance of the entrepreneurial activity of the national legal system  ,.

 They must also acquire the ability to find, also through databases, understand and use the sources of law and jurisprudence, and the basic ability to develop legal documents,

 The acquisition of the aforementioned requirements may take place through the performance of exercises and intermediate tests and final exams of the individual courses.

 Making judgment  it will have to express itself through the acquisition of interpretative ability, the didactic way of working with which these results will be achieved will consist of: frontal lessons with eventual in-depth seminars.

 - Communication skills: Students must acquire a clear and effective communication skills, thanks to a good command of the lexicon related to the topics covered during the course.  The methods of didactic work with which these results will be achieved will consist of: frontal lessons, with eventual in-depth seminars.

 - Learning skills: Students must have developed good learning skills, which allow them to deepen the knowledge acquired during the course by tackling subsequent study paths and to acquire new knowledge, skills and abilities through professional and work experiences.  In particular, with reference to the commercial law course, they will have to acquire basic skills and tools for the constant updating of their skills;  ability to understand the complexity of the legal phenomenon;  ability to autonomously follow the evolution of living law and to deepen it The didactic work modalities with which these results will be achieved will mainly consist of frontal lessons, with eventual seminars.

Teaching Material

The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it

Supporting Activities

The teaching material prepared by the lecturer (such as for instance slides, lecture notes, exercises) and specific communications from the lecturer can be found, togheter with other supporting activities, inside the Moodle platform.


Didactics, Attendance, Course Books and Assessment

Didactics

The course is predominantly based on the teaching mode of frontal lessons. Each lesson will consist of two moments: in the first part of the lesson the teacher will explain the various institutes and their discipline in order to provide students with a theoretical knowledge of the subject. In the second part of the lesson, the lecturer could present and discuss together with the class a case law (judgment, decree, order) in order to stimulate students' ability to solve concrete cases and to develop their argumentative capacity in legal matters. The teaching material provided by the teacher will be published on the Moodle platform.

Attendance

Students attending at least two-thirds of the lessons will be considered attendants.

IMPORTANT NOTICE: DUE TO THE METHODS OF DELIVERY OF THE TEACHING, WHICH, FOR THE SITUATION RELATING TO THE CORONAVIRUS, WILL TAKE PLACE SIMULTANEOUSLY IN PRESENCE AND IN STREAMING ON THE MOODLE PLATFORM, STUDENTS WILL BE CONSIDERED ATTENDING  WITHOUT ANY DISTINCTION BETWEEN THOSE WHO WILL BE PRESENT IN THE CLASSROOM AND THOSE WHO WILL FOLLOW BY TELEMATICS, BECAUSE THEY PREFER NOT TO PARTICIPATE IN PRESENCE.

IN ORDER TO ACCESS THE LESSONS IN STREAMING, STUDENTS SHOULD REGISTER ON THE MOODLE PAGE OF THE COMMERCIAL LAW COURSE IN THE BLENDED LEARNING OF UNIURB.

Course books

Teaching material and support activities:

The teaching material provided by the teacher can be found, together with other support activities, within the Moodle platform> blended.uniurb.it

Suggested texts:

For the part on the enterpreuner:

F. Vella G. Bosi, Diritto dell’impresa e dell’economia, 2 ed., Il Mulino, Bologna 2017, latest edition.

For the Company Part:

F. Vella G. Bosi, Diritto ed economia delle società, Il Mulino, Bologna, 2020, latest edition.from p, 1 to p. 175

Both volumes can also be found on www.pandoracampus.it

For the part on Bankrutpcy: materials will be indicated by the teacher and published on Moodle.

The study of the manuals should be accompanied by the consultation of the civil code in an updated edition.

Assessment

Every student, attending or not should take the final exam only in form of an oral interview on the topics discussed in the abovementioned reference texts. The oral interview mode allows students to show, in addition to their communicative abilities, their acquisition of the analytical and critical skills required by  the complexity of the subject and the matters object of the course, of which he or she must demonstrate adequate knowledge and understanding.
By the interview, expected learning outcomes will be evaluated through three or more questions. The evaluation criteria and scores are determined according to the following scale:
• less than 18/30 - insufficient level: the candidate does not achieve any of the learning outcomes provided for in the "knowledge and understanding skills" point;
• 18-20 / 30 - sufficient level: the candidate achieves, in particular, the learning outcomes provided for in "Knowledge and understanding skills";
• 21-23 / 30 - Fully sufficient: the candidate achieves, in particular, the learning outcomes provided for in "knowledge and understanding skills" and "knowledge and understanding of applied skills";
• 24-26 / 30 - good level: the candidate achieves, in particular, the learning outcomes provided for in "knowledge and understanding skills"; "Applied understanding and understanding" and "autonomy of judgment";
• 27-29 / 30 - very good level: the candidate achieves, in particular, the learning outcomes provided for in "knowledge and understanding skills"; "Knowledge and understanding skills applied"; "Autonomy of judgment" and "communicative abilities";
• 30-30 and praise - excellent level: the candidate fully achieves the learning outcomes provided for in the "knowledge and understanding skills" points; "Knowledge and understanding skills applied"; "Autonomy of judgment"; "Communicative abilities" and "ability to learn".

In special circumstances, the teacher may provide that the exam will take place in writing.  The modalities will be those indicated below.

Moreover, attending students will have the opportunity to choose whether to replace the oral exam with written tests relating to two different parts of the program (.. Each written test will consist of a first part comprising 30 multiple choice questions (to be solved in a 30-minute time), concerning the acquisition of fundamentals of each part of the program, and in a second part with 3 short open questions, which will have to be answered in a total  15 minute time.

Multiple Answer Questions will give a 1 point score for each correct answer and zero points for each missed or incorrect answer. By responding to multiple choice questions, students will have to demonstrate knowledge of the institutes and their discipline. Each open question will be awarded a maximum score of 2 points  (1 = sufficient, 2 = good). By answering open questions, student must demonstrate that they have mastered the concepts covered during the course and are able to expose their arguments in a rigorous but synthetic way and in a limited time using an appropriate language and identifying the essential elements for exposing each topic. In the event that the total score of each partial test exceeds 30 points, it is considered a maximum score of 30/30. The final result of the two tests will be the arithmetic mean of the votes in the two partial exams. In addition, students shalll have to pass, in order to show the capacity to solve concrete legal questions and to acquire the final vote, a further oral test, consisting in the presentation of a law case among those presented during the lessons and freely chosen by the student among the materials provided by the teacher. Specifically,  students must demonstrate that their are able to correctly identify and analyze the terms of the question and to adequately argue. A maximum of three points (1 = sufficient, 2 = good, 3 = excellent) will be assigned to this answer, for the arguing and application capabilities, with the limit of a 30/30 maximum total score.

Additional Information for Non-Attending Students

Didactics

Individual study of the texts indicated and of the materials on the blended platform

Course books

Teaching material and support activities:

The teaching material provided by the teacher can be found, together with other support activities, within the Moodle platform> blended.uniurb.it

Suggested texts:

For the part on the enterpreuner

F. Vella G. Bosi, Diritto dell’impresa e dell’economia, 2 ed., Il Mulino, Bologna, 2017

For the Company Part:

F. Vella G. Bosi, Diritto ed economia delle società, Il Mulino, Bologna, 2020 fro, p. 1 to p. 175

Both volumes can also be found on www.pandoracampus.it

For the part on Bankrutpcy: materials will be indicated by the teacher and published on Moodle.

The study of the manuals should be accompanied by the consultation of the civil code in an updated edition.

Assessment

Every student, attending or not, should take the final exam only in form of an oral interview on the topics discussed in the abovementioned reference texts. The oral interview mode allows students to show, in addition to their communicative abilities, their acquisition of the analytical and critical skills required by  the complexity of the subject and the matters object of the course, of which he or she must demonstrate adequate knowledge and understanding.
By the interview, expected learning outcomes will be evaluated through three or more questions. The evaluation criteria and scores are determined according to the following scale:
• less than 18/30 - insufficient level: the candidate does not achieve any of the learning outcomes provided for in the "knowledge and understanding skills" point;
• 18-20 / 30 - sufficient level: the candidate achieves, in particular, the learning outcomes provided for in "Knowledge and understanding skills";
• 21-23 / 30 - Fully sufficient: the candidate achieves, in particular, the learning outcomes provided for in "knowledge and understanding skills" and "knowledge and understanding of applied skills";
• 24-26 / 30 - good level: the candidate achieves, in particular, the learning outcomes provided for in "knowledge and understanding skills"; "Applied understanding and understanding" and "autonomy of judgment";
• 27-29 / 30 - very good level: the candidate achieves, in particular, the learning outcomes provided for in "knowledge and understanding skills"; "Knowledge and understanding skills applied"; "Autonomy of judgment" and "communicative abilities";
• 30-30 and praise - excellent level: the candidate fully achieves the learning outcomes provided for in the "knowledge and understanding skills" points; "Knowledge and understanding skills applied"; "Autonomy of judgment"; "Communicative abilities" and "ability to learn".

In special circumstances, the teacher may provide that the exam will take place in writing.  The modalities will be those indicated for attending students.

Notes

IMPORTANT NOTICE: DUE TO THE METHODS OF DELIVERY OF THE TEACHING, WHICH, FOR THE SITUATION RELATING TO THE CORONAVIRUS, WILL TAKE PLACE SIMULTANEOUSLY IN PRESENCE AND IN STREAMING ON THE MOODLE PLATFORM, STUDENTS WILL BE CONSIDERED ATTENDING  WITHOUT ANY DISTINCTION BETWEEN THOSE WHO WILL BE PRESENT IN THE CLASSROOM AND THOSE WHO WILL FOLLOW BY TELEMATICS, BECAUSE THEY PREFER NOT TO PARTICIPATE IN PRESENCE.

IN ORDER TO ACCESS THE LESSONS IN STREAMING, STUDENTS SHOULD REGISTER ON THE MOODLE PAGE OF THE COMMERCIAL LAW COURSE IN THE BLENDED LEARNING OF UNIURB.

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