Civil Law OF THE ADMINISTRATIVE ACTION

Academic Year 2023/2024 - Teacher: SALVATORE BOSA

Expected Learning Outcomes

1. Knowledge and understanding. The course aims to provide a deeperunderstanding of the institution of the contract in general in the current socio-economic, regulatory environment and Administrative management activity.

2. Applying knowledge and understanding. The course aims to enable the students to acquire specialized knowledge and adequate mastery of the instruments and contractual mechanisms, adapting them to Administrative activity and to its operational framework of reference. Such knowledge and mastery, aimedat the ability to apply to real situations principles and rules governing the subject matter of the study, will be progressive lyen hanced from the critical analysis of the various cases and their systematics in the context of the contractual as well as from use of legal language technically and professionally appropriate.

3. Making judgements. he student will be placed in a position to elaborate on key critical-reconstructive knowledge gained improving them constantly through reflection and study in order to achieve full and independent judgment and choice on the practical and operational. In this regard, it will be essential the constant reference to the evolution of the socio-economic and regulatory-national framework and European case law in contractual matters on which test and evaluate in practice, in the aspect of politics and legislative technique, the effective compliance with the principles of law and equity of the choices made by our legislators and by the Community and implemented by law.

4. Communication skills. At the end of the course, with mastery of legal concepts and the legal framework of the agreement and with an appropriate professional-technical language, the student must be able to transfer to other judgments, proposals and solutions regarding those aspects of the subject contract directly connected with managerial activity, to find adequate opportunities in the world of work.

5. Learning skills. The fundamental review of the learning ability of the student (in its components of knowledge and understanding, judgment and communication) takes place during the course of the training front, appropriately held in a "dialectical", "dialogued" and "participatory"; while its valuation will take place and essentially in terms of a "right" and "necessary" rigor during the final exam.

Required Prerequisites

Nobody.

Detailed Course Content

The sources of righst. Subjective legal situation and legal ralationship. Contract and collective bargaining; contract, shop and unilateral acts. Negotiation and pre-contractual liability. The pre-contractual liability of P.A.  Formation contracts of pubblic entities. .Agreement. Form of contract. Standard contracts. Representetion. Representation of entities pubblic. Effect of the contract. Invalidity of the contract. Contracts of P.A. Sale, "outsource" and supply contract. Civil liability of P.A.


Texts:

C. Massimo Bianca, Il contratto, 3, Terza ed., Chapp. I, II, III, IV, VI, X, XII.; and handouts and cases law.

Course Planning

 SubjectsText References
1The sources of righst.Handouts
2Subjective legal situation and legal ralationshipHandouts
3Contract and collective bargaining; contract, shop and unilateral acts.M. Cesare Bianca, Diritto civile, Il contratto, 3, Terza ed., Milano, Giuffrè editore, 2019, Chap. I.
4Negotiation and pre-contractual liability.M. Cesare Bianca, Diritto civile, Il, Chap. III
5The pre-contractual liability of P.A.M. Cesare Bianca, Diritto civile, Il, Chap. III
6Formation contracts of pubblic entitiesM. Cesare Bianca, Diritto civile, Il, Chap. III, and handouts
7AgreementM. Cesare Bianca, Diritto civile, Il, Chap. III
8Form of contractM. Cesare Bianca, Diritto civile, Il, Cap. IV
9M. Cesare Bianca, Diritto civile, Il, Chap. IV
10Standard contractsM. Cesare Bianca, Diritto civile, Il, Chap.VI.
11RepresentationM. Cesare Bianca, Diritto civile, Il, Chap.II
12Representation of entities pubblicM. Cesare Bianca, Diritto civile, Il, Chap.II and handouts
13Effect of the contractM. Cesare Bianca, Diritto civile, Il, Chap.X
14Invalidity of the contractM. Cesare Bianca, Diritto civile, Il, Chap.XII
15Contracts of P.A.M. Cesare Bianca, Diritto civile, Il, Chap. I, handouts and cases law.
16SaleHandouts
17"outsource"Handouts
18Supply contractHandouts
19Civil liability of P.A.Handouts and cases law.

Learning Assessment

Learning Assessment Procedures

Orale exam
VERSIONE IN ITALIANO