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 knowledge of commercial
law principles (economic players, business standards and market environment) and
of the method of interpretation of the relevant rules. Special attention will be
dedicated 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 attending this course.
COURSE CONTENT
SECTION I
The concept of entrepreneur, categories and rules. The reform of bankruptcy and
other insolvency proceedings. The firm. Debt securities 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, companies 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, (Autumn) 2013, 6th
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, (Autumn) 2013, 6th
edition.
The two textbooks may also be purchased as a single volume (lessons have the same
numbering).
In view of increasing legislative developments the students must study on the lastest
edition of the textbooks and use an up-to-date version of the Civil Code and main associated
laws. In this regard the latest edition by De Nova (Zanichelli) is recommended as is the
Codice di diritto commerciale published by Simone. The legislative changes issued during
the course will be published on the course's Blackboard page.
TEACHING METHOD
Lectures, with ppt slides. 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, and business activities, 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 (aspects); corporate groups, aspects of listed
companies and the securities market, mergers and acquisitions.
READING LIST
AA. VV., Diritto delle imprese. Manuale breve, Giuffré, 2012.
AA. VV., Diritto delle società. Manuale breve, Giuffré, 2012.
On the lecturer’s webpage at the beginning of the course details will be given of the
chapters of the textbooks that can be skipped for exam purposes although it would still be
advisable to carefully read them.
Students must also use an up-to-date version of the Civil Code and main associated
laws. 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. Check the lecturer’s page for details of tutorials during the course.
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.