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Course 2008-2009 a.y.

5340 - EU COMMERCIAL LAW (CEU)


DIEM
Department of Legal Studies

Course taught in English

Insegnamento riservato agli studenti CEU



Go to class group/s: 31

DIEM (6 credits - I sem. - AI)
Course Director:
MASSIMO BENEDETTELLI

Classes: 31 (I sem.)
Instructors:
Class 31: TO BE DEFINED


Course Objectives

The course has a twofold purpose: (i) to identify the main sources of European Community law setting forth the regulation of commercial relationships, and (ii) to determine the method through which lawyers and businessmen can coordinate such sources (among themselves and with the law in force in other legal systems), also in view of forum shopping and law shopping. In light of such purpose the course will focus on the phenomenon of commercial companies, with respect to (i) their existence and organization (company law), (ii) their financing (capital markets law), (iii) their cross-border activity (free movement of workers, goods, services and capitals within the common market); (iv) their crisis (insolvency law).


Course Content Summary
  • Basic notions on the sources of law within the legal system of the European Union.
  • Basic notions on the coordination between EC law, law of the Member States, law of non-member States, principles and rules of the so-called lex mercatoria.
  • Principles of EC company law.
  • Principles of EC capital markets law.
    Principles of organisation of the common market and EC law freedoms of movement.
  • Cross-border insolvency and restructuring of multinational groups.
  • Basic notions of Private International Law: Ground and limits of the parties' right to choose the competent forum and the applicable law.

Detailed Description of Assessment Methods
Oral final exam.

Textbooks

The course is based on seminars. Specific materials (articles, case law and
legislation) will be provided for before each lesson.
Basic references:

  • T.C. HARTLEY, European Union Law in a Global Context: Text, Cases and
    Materials
    , Cambridge, 2004.

Prerequisites
It is advisable that the students are already familiar with private law and company law.
Last change 26/07/2008 10:54