Contracts on regulated markets

A.Y. 2020/2021
6
Max ECTS
42
Overall hours
SSD
IUS/01 IUS/02
Language
Italian
Learning objectives
The course is aimed to provide students with the following skills:
- Knowledge and understanding in the field of study. The student will acquire a specific knowledge of the mechanisms of exercise of the so-called regulatory powers of the independent authorities and of the structure and content of the discipline dedicated to regulated contracts.
- Students are requested to apply their knowledge and understanding, and problem solving abilities in contexts related to regulated contracts;
- Students are requested to develop the ability to gather and interpret relevant data within their field of study to inform judgments and reflections on regulated contracts.
- Students are requested to communicate information, ideas, problems and solutions regarding regulated contracts to specialist audience.
- Students are requested to develop those learning skills that are necessary for them to continue to undertake further study with a high degree of autonomy.
Expected learning outcomes
Al termine del corso lo studente che abbia proficuamente appreso la materia avrà una conoscenza approfondita degli argomenti del corso, con l'acquisizione di un metodo di ragionamento idoneo ad affrontare temi giuridici più specifici e complessi rispetto alle nozioni istituzionali dell'area privatistica e civilistica.
Course syllabus and organization

Single session

Responsible
Lesson period
Second semester
The manner in which the lessons are delivered is subject to change in relation to the emergency situation.
Course syllabus
The course consists of a "general part" dedicated to the notion of regulation, primary and secondary sources. Particular attention will be given to the study of the influence of the regulatory powers of the independent Authorities called to oversee the individual markets with respect to the contracts that are stipulated and executed in those markets.
In the "general part" the following topics, among others, will be addressed:
-The notion of contract regulation;
-The independent authorities governing the contract;
-The negotiation process of the regulatory process;
- Contractual autonomy in regulated contracts;
-The levels of regulation of the contract;
-The principle of legality and the role of the Common Contract Law for regulated contracts;
-The (in)formation in regulated contracts and its repercussions;
-The authoritative arrangement of content;
-The effects of settled contracts: the effects vis-à-vis third parties and the ius variandi;
-The remedies for regulated contracts: nullity, withdrawal and termination.

The course also includes a "special part" dedicated to the in-depth study of how insurance and financial market contracts are disciplined. During this portion, the following topics, among others, will be addressed:
-The insurance contract in general: introduction; regulatory sources; role of European and national sectoral authorities; autonomy of negotiation and conformity powers of the authorities;
-The insurance contract in general: delimitation of the risk and identification of the claim; delimitation of the claim and adequacy of the contract; case law on claims made;
-Life insurance: damage insurance and indemnity principle; damage insurance and proportional principle;
-The insurance against damages: compensation and indemnity; subrogation by the insurer; compensatio lucri cum damno, non-cumulation of compensation and indemnity and subrogation waiver clauses;
-Life insurance: non-life insurance; key information; pre-contractual information documentation;
- Life insurance: life insurance and pension function; life insurance class 1 and class 5; linked insurance as mixed contracts;
- Life insurance: life insurance and bank contracts; PPIs; mortgage-related life insurance, transparency, calculation of the APR;
- Life insurance: information in life insurance; pre-contractual information documents;
- Insurance contracts as private welfare instruments in the areas of supplementary pension and supplementary health care
Prerequisites for admission
No prerequisites.
Teaching methods
Frontal lessons. Active participation in class is encouraged in order to discuss problems and cases.
Teaching Resources
For the general part:
- G. GITTI (curated by), L'autonomia privata e le Autorità indipendenti. Metamorfosi del contratto, Il Mulino, Bologna, 2006
- C. FERRARI, I contratti dei mercati regolati, Giappichelli, Turin, 2018
For the special part:
- S. LANDINI, Assicurazioni, in V. Roppo (directed by), Trattato dei contratti, V Mercati regolati, Milan, Giuffrè, 2014, pp.405-607.
Assessment methods and Criteria
Exams will be held in accordance with the exam schedule published on the University website and will consist of a single oral test lasting about 20/25 minutes.
The evaluation of the oral test is expressed with a mark in thirtieths, with possible honors.
The oral test consists of an interview aimed at ascertaining knowledge of the course topics as well as the ability to synthesize and re-elaborate concepts in relation to theoretical and practical issues. Course attendance is suggested.
IUS/01 - PRIVATE LAW - University credits: 0
IUS/02 - COMPARATIVE PRIVATE LAW - University credits: 0
Lessons: 42 hours