EUROPEAN PRIVATE LAW

[124EC]
a.a. 2025/2026

3° Year of course - Second semester

Frequency Not mandatory

  • 6 CFU
  • 45 hours
  • Italian
  • Trieste
  • Obbligatoria
  • Standard teaching
  • Oral Exam
  • SSD IUS/14
  • Advanced concepts and skills
Curricula: CURR. ECONOMIA INTERNAZIONALE
Syllabus

Class attendance and individual study will enable the student to: - know the origin, evolution and institutional structure of the European Union, as well as the processes and methodologies for creating European Private Law, the harmonization, standardization and unification of legal rules in EU, the system of sources, the adaptation of domestic law to the European Union Law, with particular regard to the matters dealt with in the special part of the course.  - find, identify and interpret a normative text of the European Union, the EU Court of Justice case-law, the Italian legislation implementing European Union Law. - examine the critical phenomena of the relationship between European Union law and domestic law, the circulation of legal rules and models, the transposition of concepts between different legal systems. - learn and fully expose the course contents.

Prerequisites: knowledge and command of the Italian language.
To take the exam of European Private Law, the student must have passed:
Institutions of Private Law;
Institutions of Public Law

The European Private Law course is divided into two parts: a general part and a special part. I - GENERAL PART: 1. European Communities and European Union: origins and evolution. - 2. European Union: the institutional framework. - 3. Private law of the European Union: harmonisation, standardisation and unification. - 4. Circulation and transposition of concepts and rules. - 5. Sources of European Union law. - 6. The application of directives. - 7. The judgments of the Court of Justice. - 8. State liability. II- SPECIAL PART: 1. European contract law and consumer protection. - 2. The digital market. - 3. Civil liability of the manufacturer. - 4. Company law. - 5. Antitrust law.

Gian Antonio BENACCHIO, L'Unione Europea e il Diritto Privato, Fenomenologia di un'evoluzione, Wolters Kluwer, Cedam, last issue: GENERAL PART, Chapters I-VIII; SPECIAL PART, Chapters X-XIV, slides, regulatory texts (Treaties, Regulations and Directives) and judgments of the Court of Justice posted on Teams.

The European Private Law course is divided into two parts: a general part and a special part. GENERAL PART: 1. European Communities and European Union: origins and evolution. - 2. European Union: the institutional framework. - 3. Private law of the European Union: harmonisation, standardisation and unification. - 4. Circulation and transposition of concepts and rules. - 5. Sources of European Union law. - 6. The application of directives. - 7. The judgments of the Court of Justice. - 8. State liability. SPECIAL PART: 1. European contract law and consumer protection. - 2. The digital market. - 3. Civil liability of the manufacturer. - 4. Company law. - 5. Antitrust law.

The course includes a series of lectures and exercises with the participation of the students. For students who attend classes intermediate tests of preparation could be scheduled.

Exam registration must be done online in ESSE3.
Students with in the curriculum the course "European Union Law" (deactivated) must prepare the program of "European Private Law".

The exam, aimed at assessing the student, is carried out as follows: - A written test consisting of at least 10 questions - some open-ended and some multiple choice - covering all topics covered in the course. Candidates have at least 25 minutes to complete the test. To pass the test, candidates must answer most of the questions correctly, including most of the open-ended questions. - Candidates who pass the written test may take an oral oral exam during the same exam session to assess their overall knowledge of the course material. The questions (at least two) will cover both the general part (e.g., What are the characteristics of a European Regulation?) and the special part of the course (e.g., What is meant by a defective product for the purposes of producer liability?). Students must demonstrate that they have achieved an adequate level of knowledge and understanding, both systematic and operational, of the course subject matter. The candidate's reasoning skills and command of legal language will also be assessed. If the exam is passed, students will receive a mark out of 30 (from 18 to 30).

The course will focus on various goals of the 2030 Agenda, including: 5. Gender Equality; 7 Affordable and Clean Energy ; 12 Responsible consumption and production; 16 Peace, Justice and Strong Institutions.

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