Contracts On Regulated Markets
A.Y. 2023/2024
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.
- 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
At the end of the course successful students will have acquired extensive knowledge of course topics and will have learned how to reason through more specific and complex legal issues than the institutional notions of the private and civil law area.
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
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.
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
The course takes place through lessons of frontal teaching.
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.
- 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 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.
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
IUS/02 - COMPARATIVE PRIVATE LAW
IUS/02 - COMPARATIVE PRIVATE LAW
Lessons: 42 hours
Professors:
Candian Albina, Gitti Gregorio
Educational website(s)
Professor(s)