Commercial Law
GR. A-K: PROF. GAETANO PRESTI; GR. L-Z: PROF. GIUSEPPE RESCIO
Group A-K: Prof. Gaetano Presti
COURSE AIMS
The course is designed to provide students with a solid grounding in commercial
law principles (parties, deeds and the contexts) as well as the method of analysis
interpretation of the relevant rules. Special attention will be paid to clarifying the
role of commercial law and its principles in the effective conduct of business,
explaining how the various competing interests are balanced.
Given the enormous area covered by commercial law, the course will focus on
general principles and its primary objective will be to explain the basic underlying
principles with particular reference to those that distinguish the area from private
law in general. Accordingly, students must have a good knowledge of private law
before doing this course.
COURSE CONTENT
SECTION I
The concept of entrepreneur, categories and rules. The reform of bankruptcy and
other insolvency proceedings. The business. Credit instruments and dematerialised
financial instruments. Companies and partnerships in general. Consortia and other
forms of co-operation among entrepreneurs. Partnerships.
SECTION II
Joint stock companies, limited liability companies, partnerships limited by shares,
European companies, co-operatives, corporate groups, aspects of listed companies
and the securities market, mergers and acquisitions.
READING LIST
For the first section
PRESTI-RESCIGNO, Corso di diritto commerciale, Vol. I, Zanichelli, Bologna, 2009, 4th edition,
(lessons V to X and sections 2-3 of lesson IV can be skipped).
For the second section
PRESTI-RESCIGNO, Corso di diritto commerciale, Vol. II, Zanichelli, Bologna, 2009, 4th edition.
The two textbooks may also be purchased as a single volume.
In view of ever increasing legislative developments it is necessary that the students use
the most up-to-date versions of the textbooks. Students must also use an up-to-date version
of the Civil Code and main associated laws, and in this regard the latest edition by De Nova
(Zanichelli) is recommended as is the Codice di diritto commerciale published by Simone.
The latest legislative changes will be published on the course's Blackboard page.
TEACHING METHOD
Lectures, with visual aids. The material will be published on the course's Blackboard
page.
ASSESSMENT METHOD
Oral examination.
NOTES
Students must have passed the examination on Principles of Private Law before sitting
the exam for this course.
The lecturer will use Blackboard to make material available to students and hence the
latter are requested to register for the course on Blackboard.
Further information can be found on the lecturer's webpage at
http://docenti.unicatt.it/web/searchByName.do?language=ENG or on the Faculty notice
board.
Group L-Z: Prof. Giuseppe Rescio
COURSE AIMS
The course is designed to provide students with a solid grounding in commercial
law principles (parties, deeds and the contexts) as well as the method of analysis
interpretation of the relevant rules. Special attention will be paid to clarifying the
role of commercial law and its principles in the effective conduct of business,
explaining how the various competing interests are balanced.
Given the enormous area covered by commercial law, the course will focus on
general principles and its primary objective will be to explain the basic underlying
principles with particular reference to those that distinguish the area from private
law in general. Accordingly, students must have a good knowledge of private law
before doing this course.
COURSE CONTENT
SECTION I
The concept of entrepreneur, categories and rules. The reform of bankruptcy and
other insolvency proceedings. The business. Credit instruments and dematerialised
financial instruments. Companies and partnerships in general. Consortia and other
forms of co-operation among entrepreneurs. Partnerships.
SECTION II
Joint stock companies, limited liability companies, partnerships limited by shares,
European companies, co-operatives, corporate groups, aspects of listed companies
and the securities market, mergers and acquisitions.
READING LIST
For the first section
CAMPOBASSO, Diritto Commerciale. 1. Diritto dell’impresa (except for chapters VI, VII and VIII),
and Diritto Commerciale. 3. Contratti. Titoli di credito. Procedure concorsuali (except for the
First Part), Utet, latest edition available.
As an alternative:
PRESTI-RESCIGNO, Corso di diritto commerciale, Vol. I, Zanichelli, Bologna, 2009, 4th edition,
(lessons V to X and sections 2-3 of lesson IV can be skipped).
For the second section:
CAMPOBASSO, Diritto Commerciale. 2. Diritto delle società, Utet, latest edition available.
As an alternative:
PRESTI-RESCIGNO, Corso di diritto commerciale, Vol. II, Zanichelli, latest edition available.
In view of ever increasing legislative developments it is necessary that the students use
the most up-to-date versions of the textbooks. Before purchasing the textbooks students are
advised to wait for news from the lecturer at the beginning of lectures about which ones
have been updated or about alternative suitable textbooks.
Students must also use an up-to-date version of the Civil Code and main associated
laws, and in this regard the latest edition by De Nova (Zanichelli) is recommended. The
latest legislative changes will be published on the course's Blackboard page.
TEACHING METHOD
Lectures, with visual aids. The material will be published on the course's Blackboard
page.
ASSESSMENT METHOD
Oral examination.
NOTES
Students must have passed the examination on Principles of Private Law before sitting
the exam for this course.
The lecturer will use Blackboard to make material available to students.
Further information can be found on the lecturer's webpage at
http://docenti.unicatt.it/web/searchByName.do?language=ENG or on the Faculty notice
board.