Stampa la pagina Condividi su Google Condividi su Twitter Condividi su Facebook Business Law

Prof. Corrado Bocci

Contact information: bocci.corrado@gmail.com

Term: First Semester

Credits (ECTS): 9

Prerequisites: None

Language of Instruction: English

Class hours: 63



LEARNING OBJECTIVES:

Cognitive / Knowledge skills

  • Develop the knowledge and understanding of the basic legal principles of contracts as means of national and international business transaction
  • Apply knowledge and understanding of legal principles to solving abilities in new or unfamiliar contexts of negotiation
  • Understand the difference between the most recurrent legal business formations (agency, partnerships, corporations, franchising)
  • Evaluate the legal profiles of the most relevant entrepreneurial intangible assets (I.P. – patent, trademark, copyright)
  • Understand how anti-trust legislation affects international business in EU market (TFEU – articles 101, 102).

Analytical / Critical Thinking Skills (Oral & Written)

  • Use contract law principles as tools for construing and drafting legal documents
  • Understand the relevant issues in order to develop an effective I.P. legal protection
  • Assess feasibility of entrepreneurial strategies in the frame of Eu Competition Law in order to avoid infringements and prevent Eu authorities sanctions
  • Communicate conclusions and knowledge and rationale underpinning these, to specialist and non-specialist audiences clearly and unambiguously

 

COURSE DESCRIPTION:

This course aims at giving students an introduction to legal thinking with a special focus on the most relevant entrepreneurial issues.

The first part of the course will be dedicated to understanding the basics of contract law principles, (negotiation, closing, performance, discharge, remedies, damages, etc.). 

The second part will be focused on the legal formations through which a business is commonly run (from sole entrepreneur to corporation) and will be dedicated to understand the most suitable ones according to the different types of business and the stage of business development.

In the last part of the course the students will be required to apply the previous knowledge in the competition environment with particular reference to the EU market and the EU antitrust regulation. Special attention will be given to articles 101 and 102 of TFEU, in order to deepen students understanding of legal relevant concepts like ‘prohibited agreements’, ‘relevant market’, ‘prevention, restriction and distortion of competition’, ‘abuse of dominant position’.

 

INSTRUCTIONAL FORMAT:

The class will meet for 2 hours (gross of interclass break), three times a week, for a total of 32 sessions. After an introduction aimed at providing the needed background, participants are required to read the materials related to the class and to be prepared prior to coming to class. Classes will consist of a lecture by the instructor, to be followed by a discussion of the main topics. Main points about the materials and all doubts brought up by the students will be addressed by the instructor during the class.

 

TENTATIVE COURSE SCHEDULE:

Lecture 1

Lecture 2

WORKLOAD EXPECTATIONS:

All students are expected to spend at least 2 hours of time on academic studies outside of, and in addition to, each hour of class time.

 

FORMS OF ASSESSMENT:

The instructor will use differentiated forms of assessment to calculate the final grade you receive for this course. For the record, these are listed and weighted below. The content, criteria and specific requirements for each assessment category will be explained in greater detail in class. Any questions about the requirements should be discussed directly with your faculty well in advance of the due date for each assignment.

FORM OF ASSESSMENT

(for attending students only)

VALUE

Class Participation        

25%

Mid-Term Exam

25%

Final Exam

50%

 

 

ASSESSMENT OVERVIEW:

Mid Term Exam (for attending students only): The midterm is designed to establish and communicate to you the progress you are making towards meeting the course learning objectives. Your abilities will be tested in two important areas of competency: the amount of information you master and the accuracy of the information you present.
Structure: a combination of 30 multiple-choice questions; a comprehensive review will be given during class.

Final Exam: The final exam is designed to establish and communicate to you the progress you are making towards meeting the course learning objectives. Your abilities will be tested in two important areas of competency: the amount of information you master; the accuracy of the information you present.
Structure:  a combination of 30 (for attending students) or 60 (for non-attending students) multiple-choice questions The final exam will generally include also an oral examination through which the instructor will assess the significance you ascribe to the facts and ideas you have integrated across your study in this course.

Class Participation:  This grade will be calculated to reflect your participation in class discussions, your capacity to introduce ideas and thoughts dealing with the texts, your ability use language effectively, and to present your analysis in intellectual, constructive argumentation.
Additionally, it is important to demonstrate a positive and supportive attitude to the instructor and your classmates, and give full attention to class activities (i.e., cell-phones off, laptop for notes only, not sleeping or distracted, etc.). Whereas attendance and punctuality are expected and will not count positively towards the grade, laxity in these areas will have a negative effect. The instructor will use the following specific criteria when calculating your class participation grade.

 

CLASS/INSTRUCTOR POLICIES:

Professionalism and communications: As a student, you are expected to maintain a professional, respectful and conscientious manner in the classroom with your instructors and fellow peers. Following class policies as outlined in the sections below set the general expectations for your behavior and performance in classes.
You are expected to take your academic work seriously and engage actively in your classes while abroad. Advance preparation, completing your assignments, showing a focused and respectful attitude is expected of all students.  In addition, expressing effective interpersonal and cross-cultural communication is critical to your success. Simply showing up for class or meeting minimum outlined criteria will not earn you a good grade in this course. Utilizing communications, properly addressing your faculty and staff, asking questions and expressing your views respectfully demonstrate your professionalism and cultural sensitivity.

Attendance and Classroom behavior: Although attendance is not compulsory, it is highly recommended. All students must have a respectful attitude towards the professor as well as the classmates. In order to ensure a successful learning process, you are required to behave appropriately during any academic related activity.

Arriving late / departing early from Class: Once they have decided to attend, students must behave consistently. Arriving late or leaving class early is disruptive and shows a lack of respect for instructor and fellow students.

 Make-up classes: The instructor reserves the right to schedule make-up classes in the event of an unforeseen or unavoidable schedule change. Make-up classes may be scheduled outside of typical class hours, as necessary. 

Missing Examinations: Examinations will not be rescheduled. Pre-arranged travel or anticipated absence does not constitute an emergency and requests for missing or rescheduling exams will not be granted.

Use of Cell Phones, Laptops and Other Electronic Devices: Always check with your instructor about acceptable usage of electronic devices in class. Inappropriate usage of your electronic devices will result in a warning and may lead to a deduction in participation grades. Use of a cell phone for phone calls, text messages, emails, or any other purposes during class is impolite, inappropriate and prohibited. Faculty determines whether laptops will be allowed in class. The use of a laptop, tablets or of cell phones is prohibited during all tests and exams, unless otherwise specified by your instructor.

 

REQUIRED READINGS:

Listed below are the required course textbooks and additional readings. These are required materials for the course and you are expected to have constant access to them from the very beginning of the course for reading, highlighting and note-taking. It is required that you have unrestricted access to each. Access to additional sources required for certain class sessions may be provided in paper or electronic format consistent with applicable copyright legislation.

Required texts

ROBERT W. EMERSON, J.D. - BUSINESS LAW (2009) - ‘Contracts’ § 4 (nature, classification and formation), § 5 (reality of the contract: did the minds really meet?), § 6 (capacity of the parties and legality of subject matter), § 7 (the statute of fraud; parole evidence; privity). § 8 (discharge; damages and other remedies), § 9 (special problems concerning sales contracts) – ‘Business formations’ § 14 (agency), § 15 (types of business organizations; partnerships), § 16 (corporations; nature, formation, types and power).

ALINA KACZOROWSKA – EUROPEAN LAW (2013) - § 27 (article 101 TFEU), § 28 (article 102 TFEU)

 

 

[Ultima modifica: mercoledì 13 settembre 2017]