Commercial transactional law and litigation

A.Y. 2019/2020
6
Max ECTS
42
Overall hours
SSD
IUS/04 IUS/15
Language
Italian
Learning objectives
The course aims at providing students with the basic tools that are necessary to draft some of the recurring briefs and lawsuits found in the professional life of a lawyer, who intends to engage in the commercial law and corporate law practice.
During the course, students will be supervised while drafting briefs dealing with certain selected practical cases: for this reason, attendance is required and the number of admitted students will be limited.
It is also necessary to register in advance attendance to the class.
The course is structured in three sessions granting 2 formative credits (and 15 hours ) each, given in the first semester of the 4th year.
The first part of the course will address the drafting of one or more briefs or lawsuit that may be brought before a court in a commercial or company litigation; the second part of the course will regard the development of the main brief resulting from the introductory lawsuit on the same case; the third session will be about the drafting of by-laws clauses, shareholders' agreements, other contracts and/or an opinion on legal issues relating to commercial or corporate law.
Expected learning outcomes
1) Knowledge and understanding skills. The student must demonstrate that he has acquired a basic knowledge of the fundamental legal institutes of Civil Procedural Law, for the purpose of drafting the main acts of the case/trial, as well as the issues of commercial or corporate law that will be dealt with from time to time.
2) Application abilities. The student must demonstrate that he has acquired the appropriate analytical skills to select, interpret and apply the material of the course to concrete cases inspired by practical cases.
3) Autonomy of judgment. The student must demonstrate that he has acquired the ability to draw conclusions on the issues raised, on the basis of substantiated and legally sustainable analysis.
4) Communication skills. The student must demonstrate his / her familiarity of the acquired knowledge through coherent argumentation, systematic rigor and language skills. In addition, to be able to use appropriate technical vocabulary for the purposes of drafting the judicial and extrajudicial documents that are part of the course.
5) Ability to learn. The student must demonstrate that he has developed learning abilities in order to draw up the judicial and extrajudicial acts of the course with a high degree of autonomy.
Course syllabus and organization

Single session

Responsible
Lesson period
First semester
Prerequisites for admission
Civil Procedural Law and Commercial Law are preparatory.
Attendance is compulsory and there will be a limited number of students admitted.
The prior registration of the student is also necessary.
Assessment methods and Criteria
The course is structured in three modules with 2 credits (and 14 hours) each, taught in the first semester of the 4th year. The final grade will be awarded if all the tests related to the three modules have been positively passed by the student; the grade will be the average of the grades reported in the three tests.
I modulo
Course syllabus
Drafting of one or more court documents introducing a case in corporate matters
Teaching methods
Students will be assisted in the drafting of acts with which selected practical cases will be dealt with.
Teaching Resources
The material is uploaded each time on the Ariel page of the course.
II modulo
Course syllabus
Drafting of examples of the main judicial acts (other than the introductory one) in company matters
Teaching methods
Students will be assisted in the drafting of acts with which selected practical cases will be dealt with.
Teaching Resources
The material is uploaded each time on the Ariel page of the course.
III modulo
Course syllabus
Drafting of articles of association, shareholders' agreements or other contracts and/or an opinion on legal issues relating to company law.
Teaching methods
Students will be assisted in the drafting of acts with which selected practical cases will be dealt with.
Teaching Resources
The material is uploaded each time on the Ariel page of the course.
I modulo
IUS/04 - BUSINESS LAW - University credits: 0
IUS/15 - CIVIL PROCEDURAL LAW - University credits: 0
Lessons: 14 hours
II modulo
IUS/04 - BUSINESS LAW - University credits: 0
IUS/15 - CIVIL PROCEDURAL LAW - University credits: 0
Lessons: 14 hours
III modulo
IUS/04 - BUSINESS LAW - University credits: 0
IUS/15 - CIVIL PROCEDURAL LAW - University credits: 0
Lessons: 14 hours
Professor(s)
Reception:
Dipartimento di Diritto Privato e Storia del Diritto - 1° floor
Reception:
On appointment
Dipartimento di Diritto Privato e Storia del Diritto - 1° floor